The legal capacity of foreign persons and stateless persons

Lawyer: Igor Romanovsky

Migration law

Posted articles

Nowadays, stateless persons are a large group of people in the Russian Federation, the rights and freedoms of which are described in the article by the legislation No. 109 - FZ "On Migration Accounting". Independent persons are individuals who do not have the status of a citizen of any country. Despite the fact that stateless persons are not recognized by full citizens, they are obliged to submit to the current legislation of the country adopted. Individuals of civility (or apartares, as they are often called in narrow circles) are endowed with all human rights, but still do not possess the basic privileges of a full-fledged citizen.

Law N 109 - FZ describes in detail the issues of migration in Russia. Almost every legal entity becomes a victim of circumstances can become an apatard. It is possible to turn out to be in a similar position, both voluntarily and against your will. And in order to avoid such a situation, it is necessary to know the main reasons for which an individual may not receive citizenship at birth or lose it in a conscious age.

1. At birth. If a child is born from two aparted parents, in most cases he is prescribed to become a stateless person. This is the most common reason for the appearance of aparters. This rule does not work only in cases where the soil is valid in the country, thanks to which a person can receive citizenship on birth.
2. With a conscious refusal to obtain citizenship. If the individual voluntarily refused the status of a citizen of a certain country, upon completion of all formalities, it is withdrawn by such documents as a passport and birth certificate - after that, this person automatically becomes a poppid. This category is often called "temporary" persons without citizenship, since immediately after the refusal they seek to receive citizenship of another country. Individuals from this category, in most cases, they want to have two passports at once, but due to the limitations of the legislation, they have to abandon the previous citizenship.
3. In the process of deprivation of citizenship. Often, the state forcibly deprives the individual of citizenship, motivating it with the necessary measures to preserve national security, etc. Usually immediately after such a procedure, a person without citizenship will be expelled from the country.
4. In the process of imprisonment of all privileges based on a specific legal process. In most cases, this expose, after which the provision of the legislation on the "insignificant transaction" immediately comes into force - all the concomitant operations and legal statuses are annulled.
5. With the disappearance of the state. The most striking example is the collapse of the USSR. Typically, the former countries of the USSR produced bills that allow stateless persons to receive new citizenship under simplified scheme, but even under such circumstances, many citizens of the former USSR still do not have a valid passport.

Oddly enough, but a citizen of the former USSR is also called a person without citizenship, and not every state seeks to give him his passport. Even in Russia, the country, which is considered to be the successor of most territories of the former USSR, the former Soviet citizens are experiencing some problems with the receipt of a passport. Yes, in some cases, the residents of the former union provide a simplified scheme for obtaining a passport, but this is not a solution to the problem.

For example, the most important document for temporary accommodation permit is a valid migration card on which border or migration staff made certain marks. Not every representative of the former USSR has such a document, so a legal vacuum is formed, creating considerable problems for aparters.

Legal status of Apadrida

Separate consideration requires the legal capacity of foreign citizens and stateless persons. In most countries, no citizenship people have full legal status and can enjoy practical all rights, except for the right to participate in elections, to nominate their candidacy for a high-ranking state post and undergo service in the army. In addition, the legal status of Apadda does not make it possible to occupy some posts that are not related to politics - for example, become a carrier of the crew in the plane. In the rest of the aspects, a person deprived of citizenship is adopted in general provisions - can receive education and work under official employment conditions.