Certificateless person: status and rights

Within any country, except for its direct citizens, as well as foreigners, may be a person and civility or citizenship. Such people are called Apadlis. They have no evidence through which it would be possible to establish their belonging to any country or citizenship. Let us further consider the legal status of stateless persons.

The reasons

The status of stateless persons appears at:

1. Birth from Parents-Apartard. In a number of countries, legislation does not provide for the automatic acquisition of citizenship at birth (the branch of the soil right is impossible).
2. Loss of privileges obtained earlier (for example, when marriage).
3. Deprivation by the state of citizenship. This is possible on ethnic, political reasons or for security reasons.
4. Voluntary failure.
5. Termination of the existence of the state.

In the Convention, regulating the legal status of individuals without citizenship, in Art. 1 It is indicated that refugees cannot be recognized as agadaps.

APADID documents

Individuals of civility in the Russian Federation, as well as foreigners, use the established national regime. However, for them there are a number of restrictions. For example, the right of individuals without citizenship does not include the possibility of participation in elections. In Russia, documents certifying the identity of aparters are:

1. Residence permit (temporary).
2. The document obtained in a foreign country and recognized under the conditions of the International Treaty as a certifying personality.
3. Residence.
4. Other documents that are provided in the FZ or are recognized as the identity of Apadd.

The latter refers to the papers mentioned by Art. 27 and 28 of the Convention regulating the status of stateless persons. One of these documents, in particular, is Certificat D`aPatrid.

Controversial moment

In international legal practice, as part of the understanding of citizenship, there is a dichotomy for freedoms and rights of people in their citizenship. After the introduction of the Convention to combat apatrialism, people began to prohibit voluntarily abandon the belonging to any state. It was only allowed to replace one citizenship to others. This, in turn, led to the substitution of a legal entity.

Ban on refusal

In world practice, 2 documents were created to implement political ideas on the gradual elimination of apatinism. The right to citizenship, according to them, began to be presented as a duty. Such contracts include:

1. Convention on the Reduction of Statelessness. She was adopted by the GA UN in 1961, in New York.
2. European Citizenship Convention. She was approved in 1997, in Strasbourg.

The states that signed an agreement on the reduction of apatinism are obliged to prevent voluntary failures from citizenship if they cause loss to the country. The exceptions are cases when one citizenship is replaced by another. According to the Second Convention, the states that signed it allow the refusal of citizenship if the person does not become a poppet.

freedom of choice

In the Universal Declaration on Human Rights, however, there is a clear and certain regulation of citizenship not as responsibilities, namely as the rights. This document was adopted in 1948 by the UN GA. On this declaration, each person is entitled to citizenship. No one can lose him in an arbitrary order, as well as the ability to change it. From this formulation, it can be concluded that a change in citizenship is not only a replacement of one citizenship to another, but also the fact of its receipt or termination. In the latter case, the subject becomes APAPID. The person without citizenship does not acquire other citizenship instead of the previous one. This does not contradict Art. 15 of the above declaration. This is justified as follows:

Domestic norms

For a long time, the constitutional system did not recognize such a concept as a stateless person. Until 1917, the inhabitants of the empire, who were not recognized by foreigners were considered to be subjects of Russia. The same rule was valid during the years of Soviet power after the victory of the Communists. In this regard, in fact, no one used to act as a stateless person. The situation changed after 1938. At that time, the Stalinist Law on Citizenship was introduced. He canceled the previously existing norm that people living in the country were not recognized as foreigners and having evidence of any citizenship automatically receive belonging to the USSR. Adopted changes possessed political oriented. They focused on the struggle by external influences. In Stalin's law, for the first time at the legal level, the concept of "stateless person" was enshrined.

Modern practice

Individuals in the Russian Federation should provide documents confirming the lack of citizenship in any country. That is, a person must have paper indicating that he has no accessories to the state in which he arrived, or from which came. From this point of view, a number of lawyers express the opinion that the definition of the definition of Apadrid is somewhat incorrect. His interpretation should be as follows:

A stateless person is a subject that does not have Russian citizenship and has evidence of the absence of affiliation to the state where he arrived from.

Legal aspect

From the point of view of world law, statelessness is considered negative. The legal state of Apadrid is characterized by a number of defects. In this regard, international standards of law are focused on reducing statelessness. In domestic legislation, there is a major principle regulating this issue. In particular, he is in encouraging the acquisition of the citizenship of the Russian Federation by Apadami. The role of the regulatory principle is becoming relevant if reflected in specific norms is reflected. According to the majority of lawyers, modern legislation does not enshrine an adequate provision on the popups and the receipt of citizenship. In particular, many authors indicate that there are no real promotions for such people upon receipt of a residence permit or temporary residence permit. In this regard, lawyers are in favor of such documents of Apadrises to receive without any quotas and additional paperwork.

Acquisition of citizenship

Despite the shortcomings of domestic legislation, it should be noted the presence of certain benefits and simplified models for aparters. First of all, the relaxation is envisaged for the citizens of the former Union of the USSR, which after the decay of the state turned out to be stateless persons. In the legislation, in particular, it was established that:

1. Apaders can acquire Russian citizenship without leaving in the Russian Federation. It can be issued within the former Republic of the Union, in the consular / diplomatic representation in its territory.
2. The child born from aparters in the territory of the Russian Federation is automatically becoming a citizen of Russia.

According to new amendments to the legislation, it is envisaged to obtain citizenship without a residence permit of Apadams in Russia since 2002. Such right is provided with even those who have no documents confirming the identity.