The concept of citizenship, principles of citizenship of the Russian Federation, legal regulation

The first citizens were Romans. Citizenship was a vertex of social status and allowed to use all the existing legal rights without restrictions. When the wave of bourgeois revolutions began, opposite the monarchy with the subjects stood up with citizens. Consider the concept of citizenship and principles of citizenship of the Russian Federation, which were adopted in our country as guaranteeing the rights of each person with a Russian passport, and whether the "indigenous" Russians differ from Russians who have made the acquisition of citizenship of the Russian Federation. Let's try to figure it out in detail.

The concept of citizenship and principles of citizenship of the Russian Federation

What is citizenship? The concept of citizenship can be represented in several formulations. Interpretations set. But they will all be reduced to the content: citizenship is the relationship of man and the state, involving the observance and preservation of legal norms and obligations. The concept and principles of the Russian citizenship are consolidated at the constitutional level.

To speak briefly, the concept and principles of the citizenship of the Russian Federation are the rules and foundations that regulate the institution of citizenship, create conditions for the stability and functioning of the state. These criteria should not form a contraction with the concepts of prerogative and limit the will of citizens. They must meet the norms of democratic legislation and unite all owners of citizenship.

The concept, principles and importance of citizenship of the Russian Federation

What does "Russian citizenship" mean? What you need to know about the citizenship of the Russian Federation? The concept, principles, the basis of acquisition - all these questions are worried not only those who for one or another reasons decided to become a citizen of Russia, but also citizens by the birth, "indigenous" Russians. Allocate two groups of principles:

• general;
• special.

Based on the fundamental criteria, the concept of citizenship of the Russian Federation and general principles are determined. Other their name is constitutional. These basics are guaranteed by the Constitution of Russia. They represent the legal system of principles. It is determined by the authority of the authorities to the people, democratic standards, recognition of parity, balance of rights and obligations. The basic foundations of citizenship of the Russian Federation (the concept, legislative regulation and principles) are equated with the standards enshrined in international documents.

Special principles include ways to control and comply with the basics. Here the identity of the right of citizenship owners, liberty in its definition, state levers to protect their citizen beyond the boundaries of Russia. The Russian Federation cannot allow its issuance on a foreign request and disseminate the passport without established reasons.

Legislative regulation of Russian citizenship

The main document characterizing the concept of citizenship and principles of citizenship of the Russian Federation is the Federal Law "On Citizenship of the Russian Federation". Article No. 4 gives the transfer of the foundations, as well as a deposit - everything that ensures the legal support of Russians as citizens. When drawing up a document, it was strictly taken into account so that it did not contain items that would authorize the oppression of people and the infringement of their freedoms with a support for social prejudices, racial dislike, would have proceeded from the difference in language, faith or nationality. The concept and principles of citizenship of the Russian Federation briefly consider further.

The concept and basic principles of citizenship of the Russian Federation provide:

1. Remove the unity and equality of all Russian citizens.
2. The desire to preserve Russian citizenship when finding Russian outside the Russian Federation.
3. Preventing the termination of citizenship.
4. Preventing obstacles if desired, change citizenship.
5. Prohibition of the issuance of Russian at the request of foreign states.
6. Prohibition of expulsion Russian from the country.
7. Promotion of a foreigner to take Russian citizenship.

In addition to these specifically formulated fundamentals in Article No. 4, it is possible to include articles No. 6, 7, 8, 9, which prescribe the conditions of many difference, determine the criteria for defending the interests of Russians abroad, civil changes in the marriage and birth of children.

The concept, signs and principles of citizenship of the Russian Federation can briefly submit through the main characteristics implied by one or another criterion.

Fundamentals of the concept of "citizenship of the Russian Federation" and history

Russia is a multinational country, which includes subjects: regions, regions, edges and autonomous districts.

Based on them, the unity for our country is the main basis and guarantee of citizenship. This principle is regulated in the Constitution of Russia. However, he has undergone changes.

Until 1993, the concept of republican citizenship was used and applied. At the same time, it can be coupled with all-Russian or without him without him, being only a citizen of the republic as part of the Russian Federation.

In order to acquire regional citizenship, there was quite a fact of permanent residence in the republic. Regions could deprive citizenship.

The absurd position in which the regional citizenship could be obtained, while not to have a federal, reside in the region on bird rights, it was the right to eviction, it was possible to resolve in the new Constitution of 1993, as well as in the Law on Citizenship.

The principle of unity of citizenship comes from the all-Russian determination, in Kalmyki, or in the Chelyabinsk region there lives a person. At any point in Russia and the world he is a citizen of Russia.

This is legally made since 2002. The citizenship of the republics was completely canceled.

The principle of equal citizenship

The concept of citizenship of the Russian Federation, the principles and content of these bases are interesting when considering by the system. The identity criterion is also approved by the constitutional and civil law.

By this principle, the state guarantees equality in the status in the status of the country's multinational population. Despite education, nationality, origin, political or religious beliefs - all citizens are equalized in rights before the law, and there is no difference in them.

Moreover, in Russia do not share the population on citizens and people with acquired status. That is, adopted citizenship is forbidden to indicate this fact, according to the same principle.

Interestingly, this criterion is far from in many countries previously included in the USSR. In the most closest to Russian definition, this criterion is approved in Uzbekistan. In Tajikistan and Moldova, only a wide formulation of citizens equality has been introduced. Also in Georgian and Armenian laws. The Ukrainian Constitution defines equality in the general direction, including civil rights.

More correctly, the basis of the equality of citizenship is reflected, for example, in the civil law of Belarus, which equisizes all Belarusians, without taking into account the causes of obtaining citizenship of the republic. Such wording is enshrined by Azerbaijani, Kyrgyzstan, Moldovan, Tajik laws. Georgia, Kazakhstan and Ukraine decided to replace the criterion of citizenship equality for identity before the law.

Baltic "non-citizens"

In the Baltic States, generally wanted to divide the population on indigenous and non-naught, those who were born in the country and moved later. Moreover, migrants are decided to "sort", based on the rights they have with permanent residence.

This approach to citizenship adhere to Latvia and Estonia. There is no reason for equal citizenship as such as in Russia. In Latvia, for example, completely calm, without liberal hysterics there is the concept of "non-citizens". In the Latvian people, this category was called "white blacks". So they began to call almost 30% of the population of Latvia after 1991. Citizens recognized only born in Latvia until June 17, 1940 and their descendants. This is the date of loss of Latvian independence.

"Non-citizens" received a passport with the same name, and the European Community did not think to condemn the obvious violation of democratic standards. Which of the "non-citizens" decided to move into the status of a "citizen", should have been passing through a humiliating procedure, proving the loyalty of the new power, and that if quotas are.

Non-citizens have limits in rights. However, both in the United States. "Acquired" are often infringed by law. Somewhere they cannot vote, somewhere to run and occupy government positions. So not only in the Baltic States, but also in the USA and France.

In Spain, non-humanized citizens may deprive citizenship, and the Spaniard by origin - never. In Austria "Acquired" under the probability of deprivation of citizenship for the first six years after receiving the Austrian passport.

Russian laws with a set of guarantees of civil rights - an example of democratic and consistent decisions that guarantee the equality of citizens to the greatest extent than we do not see in the laws of "progressive" Europe.

The principle of freedom and voluntaryness of the choice of citizens

This point law enshrines the ability to change citizenship and prohibits deprivation of a Russian passport. A person may initiate a procedure for restoring the lost citizenship or receiving Russian, and may also refuse him - unhindered.

For no level to repair obstacles in these decisions is prohibited. Although any foreigner easily become a Russian can not. There is order, there are restrictions and prohibitions for extremely unwanted representatives.

What does the principle mean? The state will not forcefully act, trying to influence the desire of the Russian to change the passport.

The principle of inadmissibility of deprivation of citizenship

Being a Russian man can only at his request. However, there is one important amendment, it concerns those who have acquired citizenship. It is allowed to cancel the decision, but only if that there are causes prescribed in the Russian Constitution, the Universal Declaration of Human Rights and Freedomies or the international agreements. Arbitrary approach in the Russian Federation is prohibited.

Approached in the similarity and legislative acts of Azerbaijan, the Republic of Belarus, Georgia, Kazakhstan and Kyrgyzstan.

The Constitution of Estonia in this issue of legal means are discriminatory, because it contains an item on the impossibility of depriving the citizenship of indigenous Estonians. Only.

Moldova will exclude the crime against the state who served in the armed forces of another country or who received a public work there, without warning Moldova. Passport is taken if it was deceived. Moreover, the cessation of citizenship of Moldova does not apply to the family "deprived."

The principle of inadmissibility of the issuance of a Russian to another state

It used to existed in the text of the Constitution and the Civil Law of the Edition of 1995: its own citizens could issue foreigners to the court. However, in 2002, documents were led to a single position. Now the Russian cannot be expelled to another state for any reasons and requirements.

However, international agreements approved the rule - or issue, or judgment. This principle implies that the prohibition does not cancel criminal liability. If a Russian will commit a crime in a country and will have time to escape in his homeland, he will still have punishment. The case will lead Russian investigators, the sentence will result in the Russian court and according to the Criminal Code of Russia. The party demanding the issuance of Russians, the progress of the investigation and the results of the Russian Federation will have to inform.

The situation when one is mentioned about the transfer to the Constitution, and in other laws - the opposite, remains in the Republic of Belarus, Kazakhstan, Georgia and Tajikistan. In the prohibition of issuing there are exceptions enshrined in international agreements. On them, as exceptions, Lithuania and Estonia are referred.

The principle of admissibility of dual citizenship

A citizen of Russia may have a second citizenship. This permission is especially significant to ethnic compatriots.

The acquisition of citizenship of the Russian Federation is determined by a clear order.

In some countries, dual citizenship is prohibited categorically, for the adoption of citizenship of Russia, it also needs to be abandoned by the previous one. Exceptions are made only on the basis of the current post-Soviet civil collision.

Relevance - the basis for the acquisition of citizenship of the Russian Federation

This basis concerns the aparters, that is, those who have no citizenship, no citizenship. States on the international international level agreed that they will in every way contribute to the receipt of citizenship by aparters. For example, if a person lives in any country at least five years, was not previously judged and is an absolute apatrid, the state introduces a simplified procedure for issuing a civil passport.

Russia, like other countries, follow this path. Apatrid is the basis for the acquisition of citizenship of the Russian Federation. A stateless person in the legal field is equal to a foreigner with all the limitations for citizenship of any country.

The principle of conservation of Russian citizenship outside of Russia

This is also the echoes of the Supreme Soviet Union. In Russia, you can not reside constantly, but to keep citizenship. To unhindered to leave the Russian Federation and to return to the country has the right to any person who has a Russian passport.

This deposit also works for Azerbaijani, Belarusian, Georgian citizens, in Moldova, Latvia, Lithuania, Kazakhstan and Kyrgyzstan.

Principle of protection and patronage of citizens outside Russia

This reason is directly related to the sovereignty of the country and implies the full participation of the state in the fate of compatriots who are outside the borders of Russia. When Russians are violated outside Russia, Russian consulates, diplomats and representatives of various institutions should be held on its protection. The redemption is provided with financial assistance, the necessary consultations are held, issues are being taken to ensure treatment and so on.

Russia also guarantees the fulfillment of the principles for the conservation of citizenship at the conclusion of a marriage with a foreigner, at the birth of a child in marriage, the Russian Federation provides honorary citizenship - its conditions and criteria are also legitimately fixed, the state agrees with the global basis implying the primacy of international law over national legislative acts.

Citizenship is not patriotism. Concepts are similar, but not the same in their essence. Citizenship is a definition in the right sphere, the concept exists in a clear system of constitutional norms and determines the continuity with a country whose citizen is from the birth or the citizenship of which has acquired in the course of life. Citizenship guarantees custody of the state in its territory and outside the country. But citizens can also be intended to protect the interests of compatriots (for example, are called into the army when attacking an external enemy to the country) is completely legal.