Federal Law on Citizenship Article 13. Acceptance of citizenship of the Russian Federation in the general manner


Federal Law on Citizenship Article 13. Acceptance of citizenship of the Russian Federation in the general manner

Art. 13 Federal Law On Citizenship Federal Law 62 of May 31, 2002

1. Foreign citizens and stateless persons who have reached the age of eighteen years and have legal capacity have the right to apply for admission to citizenship of the Russian Federation in the general manner, provided that these citizens and persons:

a) reside on the territory of the Russian Federation from the date of receipt of a residence permit until the day of filing an application for admission to the citizenship of the Russian Federation for a continuous period of five years, except for the cases provided for in part two of this article. The period of residence on the territory of the Russian Federation is considered continuous if a person travels outside the Russian Federation for no more than three months within one year. The period of residence on the territory of the Russian Federation for persons who arrived in the Russian Federation before July 1, 2002 and do not have a residence permit is calculated from the date of registration at the place of residence; (As amended by Federal Law dated November 11, 2003 N 151-FZ)

b) undertake to comply with the Constitution of the Russian Federation and the legislation of the Russian Federation;

c) have a legal source of livelihood;

d) applied to the authorized body of a foreign state with applications to renounce their other citizenship. Renunciation of another citizenship is not required if this is provided for by an international treaty of the Russian Federation or this Federal Law, or if renunciation of another citizenship is impossible due to reasons beyond the control of the person;

e) speak Russian; the procedure for determining the level of knowledge of the Russian language is established by the regulations on the procedure for considering issues of citizenship of the Russian Federation.

2. The period of residence on the territory of the Russian Federation established by paragraph “a” of part one of this article is reduced to one year if at least one of the following grounds is present:

(Points “a” - “c” are excluded - Federal Law of November 11, 2003 N 151-FZ)

a) the person has high achievements in the field of science, technology and culture; the person has a profession or qualification that is of interest to the Russian Federation;

b) granting a person political asylum on the territory of the Russian Federation;

c) recognition of a person as a refugee in the manner established by federal law. (Points “d” - “e” are considered respectively points “a” - “c” as amended by Federal Law No. 151-FZ of November 11, 2003)

3. A person who has special services to the Russian Federation may be granted citizenship of the Russian Federation without complying with the conditions provided for in part one of this article.

4. Citizens of states that were part of the USSR, undergoing at least three years of military service under a contract in the Armed Forces of the Russian Federation, other troops or military formations, have the right to apply for admission to the citizenship of the Russian Federation without complying with the conditions provided for in paragraph “a” part one of this article, and without submitting a residence permit. (Part four is supplemented by Federal Law dated November 11, 2003 N 151-FZ; changes as amended by Federal Law dated December 4, 2007 N 328-FZ)

Article … 13

Add a comment to Article 13 of the Federal Law on Citizenship Federal Law 62 of 05/31/2002

Article 20. Restoration of citizenship of the Russian Federation

1. Citizenship of the Russian Federation is restored in accordance with the registration procedure:

a) persons whose citizenship of the Russian Federation has ceased due to adoption, establishment of guardianship or trusteeship; b) persons whose citizenship of the Russian Federation ceased due to a change in the citizenship of their parents, within five years after reaching the age of 18.

2. Former citizens of the RSFSR, deprived of citizenship or who lost it without their free will, are considered to be restored to citizenship of the Russian Federation. (as amended by the Law of the Russian Federation dated June 17, 1993 N5206-1)

3. A person who previously held citizenship of the Russian Federation and who is not subject to the provisions of parts one and two of this article, may have citizenship of the Russian Federation restored upon his or her petition.

Federal Law “On Citizenship of the Russian Federation” No. 62-FZ Article 13 (as amended

1. Foreign citizens and stateless persons who have reached the age of eighteen years and have legal capacity have the right to apply for admission to citizenship of the Russian Federation in the general manner, provided that these citizens and persons:

a) reside on the territory of the Russian Federation from the date of receipt of a residence permit until the day of filing an application for admission to the citizenship of the Russian Federation for a continuous period of five years, except for the cases provided for in part two of this article. The period of residence on the territory of the Russian Federation is considered continuous if a person travels outside the Russian Federation for no more than three months within one year. The period of residence on the territory of the Russian Federation for persons who arrived in the Russian Federation before July 1, 2002 and do not have a residence permit is calculated from the date of registration at the place of residence;

Article 13

d) applied to the authorized body of a foreign state with applications to renounce their other citizenship. Renunciation of another citizenship is not required if this is provided for by an international treaty of the Russian Federation or this Federal Law, or if renunciation of another citizenship is impossible due to reasons beyond the control of the person;

a) reside on the territory of the Russian Federation from the date of receipt of a residence permit until the day of filing an application for admission to the citizenship of the Russian Federation for a continuous period of five years, except for the cases provided for in part two of this article. The period of residence on the territory of the Russian Federation is considered continuous if a person travels outside the Russian Federation for no more than three months within one year. The period of residence on the territory of the Russian Federation for persons who arrived in the Russian Federation before July 1, 2002 and do not have a residence permit is calculated from the date of registration at the place of residence;

Concept and general characteristics of Russian citizenship

The concept of citizenship is normatively defined in Art. 3 of the Federal Law, dedicated to the basic concepts: “Citizenship of the Russian Federation is a stable legal connection of a person with the Russian Federation, expressed in the totality of their mutual rights and obligations. The stability of citizenship relations lies in their permanent nature: they usually last from birth to death of a citizen; a special termination procedure has been established for them, which does not allow the citizen to terminate them unilaterally. The State in the Law establishes the grounds on which a particular person is recognized as its citizen, the grounds for acquiring and terminating citizenship, and the procedure for resolving these issues. acc. According to Article 5, citizens of the Russian Federation are: a) persons who have citizenship of the Russian Federation on the day this Federal Law comes into force; b) persons who acquired Russian citizenship in accordance with this Federal Law. In accordance with the Regulations on the passport of a citizen of the Russian Federation, approved by the Government Decree of July 8, 1997, the passport is the main document identifying the citizen of the Russian Federation on the territory of the Russian Federation. All citizens of the Russian Federation who have reached 14 years of age and live on its territory are required to have a passport; passports are produced and issued according to a uniform model for the entire Russian Federation in Russian. Passport validity period: from 14 to 20, from 20 to 45, from 45 indefinitely. The Constitution of the Russian Federation and the Federal Law on Citizenship establish the principles of citizenship and rules governing issues of citizenship (Article 6 of the Constitution and Article 4 of the Law). The principles of single (there is no provision for citizenship of the republics and there is a single institution of citizenship of the Russian Federation) and equal (means the absence of any differences in the legal status of a person depending on the grounds for his citizenship, it does not matter whether the person is a citizen by birth or was) are constitutionally enshrined accepted into citizenship) citizenship. The Federal Law also included the principles of citizenship: residence of a citizen of the Russian Federation outside the Russian Federation does not terminate his citizenship of the Russian Federation; a citizen cannot be deprived of Russian citizenship or the right to change it; a citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to a foreign state; The Russian Federation encourages the acquisition of Russian citizenship by stateless persons living on the territory of the Russian Federation. The Federal Law emphasizes that the principles of citizenship and the rules governing citizenship issues cannot contain provisions limiting the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation. The Federal Law establishes the following grounds for acquiring citizenship (Article 11): a) by birth - comes from a combination of 2 principles: “rights of blood”, those taking into account the citizenship of the parents, and “rights of soil”, those depending on the place of birth. A child whose parents or one parent at the time of his birth are citizens of the Russian Federation is its citizen regardless of the place of birth; if 1 is a citizen of the Russian Federation, and the other is a stateless person or a person recognized as missing, the child is a citizen of the Russian Federation, regardless of place of birth. If one is a citizen of the Russian Federation and the other is a foreign citizen, the child is a citizen of the Russian Federation if he was born on the territory of the Russian Federation, otherwise he will become a stateless person. The issue is resolved in a similar way in cases where both parents live in the territory of the Russian Federation and have foreign citizenship or are stateless persons;

b) as a result of admission to Russian citizenship: general procedure (Article 13) and simplified procedure (Article 14). Foreign citizens and stateless persons who have reached the age of 18 and have legal capacity are entitled to apply for Russian citizenship, both in general and in a simplified manner. To resolve issues regarding the acquisition of citizenship in a general manner, and this falls within the powers of the President, the law establishes certain conditions - residence on the territory of the Russian Federation from the date of receipt of a residence permit until the day of application for 5 years continuously, the MB is reduced to 1 year, if available high achievements in areas of interest to the Russian Federation, the obligation to comply with the Constitution and the laws of the Russian Federation, the presence of a legal source of livelihood, the person submitting an application to the authorized body of a foreign state to renounce his citizenship, knowledge of the Russian language. In a simplified manner: they have at least one parent who has Russian citizenship and lives on the territory of the Russian Federation, had USSR citizenship, lived and live in states that were part of the USSR, did not receive citizenship of these states and, as a result, remain stateless; c) as a result of restoration of citizenship of the Russian Federation, foreign citizens and stateless persons who previously had citizenship of the Russian Federation can be restored to citizenship, subject to the conditions of Article 13. In this case, their period of residence is reduced from 5 to 3 years. Applications submitted by persons advocating a violent change in the foundations of the constitutional order and who have committed various types of antisocial actions are subject to rejection. d) on other grounds provided for by this Federal Law or an international treaty of the Russian Federation - choice of citizenship when changing the state border in accordance with the international treaty.

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Citizenship concept

5) The principle of maintaining citizenship of the Russian Federation by persons living outside its borders . This principle follows from the natural right of a person to choose his place of residence, freely travel outside the Russian Federation and return without hindrance, which is enshrined in Art. 27 of the Constitution. Possession of Russian citizenship is not subject to the requirement of mandatory residence in Russia.

6) The principle of denying the automatic change of citizenship upon the conclusion or dissolution of a marriage by a citizen of the Russian Federation with a person not belonging to its citizenship, as well as upon a change of citizenship by the other spouse, was also called the principle of immunity of citizenship to changes in family status and was enshrined in Art. 8.9 Federal Law on Citizenship. This principle reflects the essence of citizenship as an individual, personal connection between a person and the state, the inadmissibility of automatic termination of citizenship without the will of the person and compliance with the established procedure. The conclusion or dissolution of a marriage by a citizen of the Russian Federation with a person who does not belong to Russian citizenship does not entail a change in their citizenship. A change in citizenship by one of the spouses does not entail a change in the citizenship of the other spouse

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Article 13 Federal Law 62 on Russian citizenship

1. Foreign citizens and stateless persons who have reached the age of eighteen years and have legal capacity have the right to apply for admission to citizenship of the Russian Federation in the general manner, provided that these citizens and persons: 2. The period of residence on the territory of the Russian Federation established by paragraph “a” of part one of this article is reduced to one year if at least one of the following grounds is present: 3. A person who has special merits to the Russian Federation may be granted citizenship of the Russian Federation without complying with the conditions provided for in part one of this article.

Admission to citizenship of the Russian Federation in a general manner 1. Foreign citizens and stateless persons who have reached the age of eighteen years and have legal capacity have the right to apply for admission to citizenship of the Russian Federation in a general manner, provided that these citizens and persons: c) have legal source of livelihood; e) speak Russian; the procedure for determining the level of knowledge of the Russian language is established by the regulations on the procedure for considering issues of citizenship of the Russian Federation. 2. The period of residence on the territory of the Russian Federation established by paragraph “a” of part one of this article is reduced to one year if at least one of the following grounds is present: a) the person has high achievements in the field of science, technology and culture; the person has a profession or qualification that is of interest to the Russian Federation; b) granting a person political asylum on the territory of the Russian Federation; c) recognition of a person as a refugee in the manner established by federal law.

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