What is the difference between the status of nationality and the status of citizenship?

The concept of citizenship in world law

First of all, it should be remembered that the term “nationality” is used only in relation to monarchies. With its help, the personal connection of a person with the monarch is indicated. However, the level of development of modern monarchies has made nationality and citizenship practically synonymous. The legal status of the individual in them is no different from the position of citizens of constitutional republics or federations.

In a certain sense, the meaning of citizenship is broader and this status is a predecessor of the later one - citizenship.

In addition, the term “citizenship” denotes not only the legal, but also the cultural and historical affiliation of a particular person to the monarchy. It also involves living in a certain territory. In the past, foreign citizens could obtain citizenship at the will of the monarch. This is what Peter I did in Russia, for example.

Citizenship: what is it

It is enough at least that citizenship, in contrast to citizenship, has a legislative definition: according to Article 3 of the Federal Law of May 31, 2002, this is a political and legal relationship between a citizen of the country and Russia as a state entity, expressed in the rights assigned to them by law and obligations.

The essence of this relationship is that the state stands for the protection of human rights and freedoms, provides him with its protection when he is outside the country, in exchange for which the citizen undertakes to comply with the Constitution, laws and other regulations.

Taken together, all this constitutes the legal status of a citizen, which we will talk about a little later.

The law provides several ways to become a citizen of Russia, among them the most common:

• birth from Russians or on the territory of Russia from foreigners, if the parents’ countries of nationality do not grant the child indigeneity by right of blood;
• naturalization – that is, granting citizenship to foreigners and stateless persons.

Although, other options are possible, for example, the Crimean option - the choice of citizenship due to a change in the territory of the country.

The concept of citizenship in world law

Citizenship is a stable legal connection of a particular citizen with a particular state, expressed in the presence of clearly defined and legally enshrined rights and obligations.

There are two types of citizens: born and naturalized.

Natives are persons who acquired this status by right of blood from their parents or by right of land (by birth), as they were born on the territory of a particular country. In the second case, they have the right to citizenship of a particular country, regardless of the status of their parents. Read more about citizenship by birth here.

Naturalized - those who have undergone the procedure of integration into society and have proven their desire to live and ability to work in a particular state. Their citizenship is legally confirmed through a mandatory naturalization procedure provided for by law. It is worth noting that citizenship can be obtained through different methods.

Born and naturalized citizens in most developed countries have equal rights.

This is exactly the situation, for example, in the Russian Federation in 2021.

However, in a number of countries, born citizens have a number of advantages over naturalized ones. Upon reaching the legal age, the first ones receive a passport. It is used as an identification document when checking with government authorities, when providing services, in case of operational investigative activities and in many other situations. In a number of countries, legislation obliges citizens to obtain a passport to travel abroad.

It should be noted that the TRP (temporary residence permit) does not equalize the rights of foreigners with citizens of the country of their temporary residence, and even more so the status of a stateless person.

Read, envy, I am a citizen...

According to official data, five percent of the French population aged 18 to 50 have dual citizenship. Two-thirds of people from the Arab countries of North Africa have this status, and half of the Turks and Portuguese who settled here. In short, we are talking about many hundreds of thousands of people. The attitude towards a holder of dual citizenship living in France is absolutely the same as towards any native Frenchman. The same rules apply to him, and second citizenship does not provide any advantages. That is, from a legal and practical point of view, it can be said to be simply ignored and does not play any role, for example, during legal proceedings.

How do you obtain French citizenship? If we exclude the right to it by descent, which is the “right of blood”, and the right by birth in France (“right of soil”), a person who meets a number of requirements can apply. This person must have lived in France for at least five years before applying for citizenship, have a stable job, and have a permanent place of residence. It is clear that all this must be confirmed by relevant documents. Let us note in parentheses that the waiting time for filing documents can be reduced to two years, subject to a number of circumstances. It is preferable that the candidate, if he is a family man, has close relatives (wife or husband, children) also living in France. Otherwise, he risks being rejected. He also needs to prove that during his stay on French territory he led a decent lifestyle and was not brought to administrative or criminal liability.

The applicant must know French within school limits. Moreover, he can prove this either by presenting a certificate of completion of language courses or by passing an interview with a representative of the prefecture. At the same time, he needs to answer two dozen questions. If he copes with seven of them, he receives a “pass” and access to further procedures. An important stage is the interview, during which the rights and responsibilities of a French citizen are explained to the candidate. If he agrees with everything, he signs the Charter of Rights and Duties of a French Citizen. This is a rather long and detailed document that explains what the French state is, sets out the principles on which it is based and what its motto is “Liberty, equality and fraternity”. After the documents are completed and the charter is signed, the case is sent to the official authorities for consideration, which takes at least six months. If the decision is positive, a decree signed by the Prime Minister is published in the official government body, the Journal Officiel. Then the applicant decides whether to keep his previous citizenship along with French or not. This is voluntary. This is followed by a solemn ceremony, to which several dozen “new Frenchmen” are usually invited. They are given an extract printed on special stamped paper, numbered such and such, from the resolution on conferring citizenship. Then everyone present sings the national anthem “La Marseillaise.” No oaths or solemn promises are made here. It is believed that a signature on the charter is quite enough.

Charter of the Rights and Duties of the French Citizen (Preamble)

“You have expressed a desire to become French. This is an important and thoughtful decision. Becoming French is not an ordinary administrative demarche. Obtaining French citizenship is a decision that binds you and your family.

For you and your family, this is the intention to make yours the country that accepted you and which will become yours, to make its history, its principles and values ​​yours, and thus, by integrating into the national community, you agree to defend it and be a solidary participant in it future. In return, France recognizes you as a citizen of the Republic. By acquiring French citizenship, you will enjoy all the rights and will comply with all obligations arising from the status of French citizen, starting from the day you receive it. Once you become French, you will no longer be able to claim to be a citizen of another country while in France. In order to ensure that you have a thorough understanding of the rights and obligations of a French citizen, especially as regards loyalty to the French Republic, you are asked to read this charter and then, if you accede to it, to sign. Your signature indicating your consent is a necessary condition for obtaining French citizenship."

Features of legal statuses

Nationality provides an extremely low legal status for a particular person. Citizenship not only gives a number of rights and freedoms, but also imposes obligations, the fulfillment of which is impossible to refuse without loss of status. That is why it is so important to understand the legal relationship of these concepts.

Similarities and differences

The similarity of the concepts of nationality and citizenship is that they determine the relationship of an individual with a particular territory - represented by its monarch or represented by the state. But there are very significant differences, mainly legal. Citizenship is a largely outdated form of relationship between individuals and monarchs, currently existing in monarchies in parallel with the institution of citizenship.

Currently, the main differences between the legal statuses under consideration are determined by the following parameters:

• relationship with the territory: represented by the state or individual ruler;
• the structure of the relationship: the unilateral duty of a citizen to the monarch or the mutual system of obligations of a citizen and the state;
• the presence of instruments of power: citizenship does not give the right to rule the country, citizenship does.

Where is the easiest way for a Russian to obtain citizenship, read here.

Comparison

The main difference between citizenship and citizenship in the modern understanding is that the first type of connection between a person and the state is secured mainly legally, the second is also based on the historical and cultural traditions that have developed in the country.

It can be noted that in many modern states the institutions of citizenship and nationality actually function simultaneously. That is, the residents of these countries, due to the fact that they are monarchies, are considered, on the one hand, as subjects. On the other hand, they also have a legal connection with the state - in particular, this can be expressed in the presence of a passport, and therefore the subjects also have citizenship of the country.

Having determined what the difference is between citizenship and nationality, we will record the conclusions in the table.

The essence of the problem

When considering what nationality and citizenship are, it is usually said that the terms describe the relationship of residents with different types of states. The first word refers to monarchies, the second to democracies. But in fact, everything is somewhat deeper. It is necessary to understand that citizenship and nationality differ only in the Russian language. In English, for example, there are slightly different terms that describe relations with the state. Surely this topic also appears in the political science of China and other countries that have not completely adopted the Western model of democracy. Nowadays the concept of citizenship is more common. They describe the legal norms that characterize the connection with the country, the responsibilities and rights of each party. In contrast to this term, citizenship reflects the relationship between a citizen and a monarch. In the most general sense, these terms are identical. Indeed, in old-type monarchies, the Head of State personified the entire system. But subjects have much fewer rights. And the monarch’s responsibilities towards them are vague and not standardized. Let's look a little deeper at each concept.

Obtaining citizenship in the Russian Federation

If the subject speaks Russian, obtaining Russian citizenship will be simplified for him. You will need to pass an oral language exam, officially renounce your previous citizenship, find employment in the country and confirm your intention to comply with the laws and regulations established by the Russian government.

Having received the status of a citizen of the Russian Federation, a person automatically becomes a resident. The question arises, how different are the concepts of “residency” and “citizenship”? There are, but they are insignificant. In the Russian Federation, a resident is a citizen living permanently in the country (or a person with a residence permit). Residence is a term that is used to refer to the responsibilities and rights of a citizen in the field of taxation and finance.

In the Russian Federation, the procedure for obtaining citizenship is relatively simple. Especially for people who have relatives in the country and stateless people. But if an individual is seriously considering the question of how to change citizenship to Russian, it is worth remembering that knowledge of the national language and renunciation of previous nationality are mandatory points of the procedure.

Legal status of the individual in Russia

You need to understand that the legal status of an individual in Russia is a much broader concept than the status of a citizen. If the latter is understood only as a connection between certain individuals, then the legal status of an individual is a set of rights and obligations in relations with the state for any person. The law distinguishes between concepts such as “person” and “citizen”, perceiving the latter in a much narrower sense. Thus, a person can be not only a citizen, but also a foreigner or stateless person. For these categories, the state can provide both general metrics and specific features of status.

Most of the personal rights and freedoms guaranteed to all individuals are enshrined in the Constitution. Among them are the right to life, liberty, health, protection of private property, and so on. Along with such guarantees, each person is assigned certain responsibilities: to comply with the Constitution and laws, the rights of third parties, pay taxes, and so on. All this forms the basis of the legal status of an individual in Russia.

Difference in Concepts

Citizenship is a legal concept that explains the relationship of responsibilities and rights that bind a particular country to its inhabitants. Each of the subjects legally undertakes to comply with mutual responsibility. “Citizenship” as a legal concept appeared much later than the concept of “nationality”. It was this that laid the foundation for the formation of the definition of citizenship.

It was used in powers with a monarchical system. For example, subjects lived in the Russian Empire, and citizens lived in the Russian Federation. In essence, citizenship is a one-sided relationship between an individual and the monarch. Let us specify how citizenship differs from nationality, following the political and legal terminology:

• belonging to a particular power characterizes citizenship, and loyalty and identification of oneself with the head of state characterizes citizenship;
• subjects have an insignificant political and legal status, and a citizen of a country is its main unit and has the right to realize himself in its various spheres;
• a citizen of a state has duties and rights in relation to the country and vice versa, but in the case of citizenship they do not exist.

As political and legal statuses, “citizenship” and “nationality” have significant distinctive features, although in many third world countries they are not distinguished. Nationality in its direct interpretation is not applicable to Russian citizens. In developed countries of the world, the word “subject” has developed an individual meaning. Status conventionally means membership or belonging of a particular person to a certain cultural, historical and linguistic circle of people. That is, citizenship is associated with ethnicity.

B38. Citizenship (nationality) in foreign countries (concept, basic principles).

Individuals and the basics of their legal status.

The legal status of a person depends primarily on his status: citizen, foreigner (citizen of another state), stateless person, person with multiple (in a special case - dual) citizenship. Refugees (not citizens of the state of their residence), internally displaced persons (citizens), displaced persons, etc. may also have a special status.

Their situation is partly regulated by international law, and mainly by the domestic legislation of a particular country.

Citizens enjoy the broadest rights (including political rights, including electoral rights, the right to associate in political parties, the right to access public service)

of a given state, they also bear the greatest responsibilities (including military service where there is universal conscription, for example in Germany, Israel or China).

Foreigners, as a rule, do not have many political rights, although in some countries, for example, in Germany, they participate in elections of local governments, and in Latin American countries, on the basis of reciprocity, in parliamentary elections. They have the right to property, can receive municipal housing, including free of charge, and have the right to work, but their access to certain types of work is limited: in a number of countries, foreigners cannot be captains of maritime ships, commanders of aircraft crews, or work in radio , telegraph, television, etc. On the other hand, they are not obliged to serve in the army of the host country, do not pay taxes (especially if there are agreements on the exclusion of double taxation between states, such as the USA and Russia), and in many countries they do not have the right to acquire land ownership . Foreigners have a passport (identity card) of their state, and in the host country they are issued another document - a residence permit (sometimes, for example for foreign students, a mark is simply made in the national passport). The above applies to “ordinary” foreigners. Diplomatic representatives and mission personnel are subject to special rules in accordance with international law and agreements concluded between states.

The situation of stateless persons is in many ways similar to the situation of foreigners. However, unlike foreigners, they do not enjoy diplomatic protection from any state, which complicates the situation. Therefore, in modern international law there is a dominant tendency to take measures to reduce the state of statelessness (international conventions, multilateral and bilateral treaties are concluded). In accordance with the legislation in force in most countries, stateless persons, like foreigners, can be forcibly expelled from the country (the latest constitutions prohibit the use of such a measure in relation to citizens). The same applies to employees of diplomatic missions, although special rules and a special procedure for expulsion from the country apply to them.

Persons with multiple, dual citizenship have rights and bear responsibilities in accordance with the legislation of all those states of which they are citizens. Collisions (overlapping responsibilities in relation to several states, for example, military service) are resolved through diplomatic channels.

Foreigners, stateless persons, persons with multiple citizenship, as well as citizens of a given country, are obliged to know and comply with the laws of the country of their residence. Ignorance of the laws does not exempt you from responsibility for violating them.

Citizens and subjects.

In the constitutional law of foreign countries, two terms are used: citizenship and nationality. The first characterizes a person’s belonging to a particular state, his stable legal connection with his state, which gives rise, on the one hand, to certain rights and obligations of the person in relation to the state (for example, the right to equal access to public service and the obligation to pay taxes), and on the other hand, the other is the rights and obligations of the state in relation to the citizen (for example, the right of relevant government bodies to permit or not to permit mass street political demonstrations, the duty to protect the right to personal property). Citizenship presupposes two-way connections, two-way rights and obligations of both individuals and the state. The term "nationality" is used in monarchies. It reflects a person's personal connection with the monarch ("his majesty's subject").

In developed countries, this difference is in fact only verbal: the fundamentals of the legal status of an individual in the British monarchy are not much different from the situation in the French Republic. In addition, in recent decades, in European monarchies, Japan and some other countries, both terms are used as equivalent, and instead of citizenship, the term “citizenship” is increasingly used. In a number of states, the first term is generally excluded from widespread use and is used only for special ceremonies. In developing countries, in the states of the Arab East, in Africa, this difference is of significant importance: the subject is obliged to be personally faithful to the monarch, the population is brought up in the appropriate traditions, and often violation of loyalty can be severely punished.

The majority of the population in countries around the world are citizens. Some European countries (Belgium, Switzerland, and to a lesser extent Germany) have significant numbers of foreigners, who make up a significant part of the workforce engaged in hard, dirty, low-paid work. In the oil-producing countries of the Arab East (Qatar, Kuwait, Saudi Arabia, etc.), oil field workers (mainly from Asian countries) contracted for several years often make up more than half of the country’s population (in the UAE in the early 90s their number reached 80%) . These workers, as a rule, live in special settlements; all political activity and even economic strikes are prohibited for them.

Citizens of a state also differ in their status. They differ:

1. born in a given country;

2. naturalized citizens, i.e. admitted to citizenship in accordance with the procedure established by law. In a number of countries, naturalized citizens cannot be elected president (for example, in the USA), citizens born in a given country cannot be expelled from it, depriving them of citizenship, while naturalized ones can.

In some countries (for example, Burma) there is the concept of “associated citizen”. These are persons belonging to certain nationalities who are considered non-indigenous. Associated citizens must make a written declaration of loyalty to the state.

Since the Maastricht Treaty of 1992, which transformed the European Community into the European Union, all citizens of member states are citizens of the European Union, retaining national citizenship. They have been electing the European Parliament for a long time, can now participate in elections of municipal bodies of member states at their place of residence, and submit petitions to the European Parliament and its human rights ombudsman. However, their legal status varies from country to country; it is mainly regulated by domestic legislation.