FEDERAL LAW
NO. 62-FZ OF MAY 31, 2002
ON RUSSIAN FEDERATION CITIZENSHIP
(with the Amendments and Additions of November 11, 2003, November 2, 2004, January 3, July 18, 2006, December 1, 4, 2007, October 1, December 30, 2008, June 28, 2009)
Adopted by the State Duma April 19, 2002
Approved by the Federation Council May 15, 2002
Chapter I. General Provisions
Article 1. The Subject Matter Regulated by the Present Federal Law
The present Federal Law comprises the principles of Russian Federation citizenship and the rules governing relations connected to Russian Federation citizenship, it sets out grounds, terms and the procedure for the acquisition and termination of Russian Federation citizenship.
Article 2. Legislation on the Citizenship of the Russian Federation
The issues of citizenship in the Russian Federation are regulated by the Constitution of the Russian Federation, international treaties of the Russian Federation, the present Federal Law, and also by other regulatory acts of the Russian Federation enacted pursuant thereto.
Article 3. Basic Terms
The following basic terms are used for the purposes of the present Federal Law:
"citizenship of the Russian Federation" means a stable legal relation of a person with the Russian Federation that manifests itself in an aggregate of their mutual rights and duties;
" other citizenship" means the citizenship (allegiance) of a foreign state;
"dual citizenship" means that a Russian Federation citizen has the citizenship (allegiance) of a foreign state;
"foreign citizen" means a person who is not a Russian Federation citizen and who has the citizenship (allegiance) of a foreign state;
"stateless person" means a person who is not a Russian Federation citizen and who has no proof that he/she has the citizenship of a foreign state;
"child" means a person under the age of 18;
"residence" means that a person is resident in the territory of the Russian Federation or outside of it;
"the territory of the Russian Federation" means the territory of the Russian Federation within the State Border of the Russian Federation or the territory of the RSFSR within the administrative border of the RSFSR as of the date of the emergence of circumstances relating to the acquisition or termination of Russian Federation citizenship under the present Federal Law;
"the general procedure for the acquisition or termination of Russian Federation citizenship" means a procedure for considering issues concerning citizenship and making decisions on issues of Russian Federation citizenship by the President of the Russian Federation in respect of persons subject to the ordinary conditions set out in the present Federal Law;
"the simplified procedure for acquisition or termination of Russian Federation citizenship" means a procedure for considering issues concerning citizenship and making decisions on issues of Russian Federation citizenship in respect of persons who enjoy the preferential treatment conditions set out in the present Federal Law;
"change of citizenship" means the acquisition or termination of Russian Federation citizenship;
"residence permit" means the personal identity document of a stateless person issued to confirm permission of permanent residence in the territory of the Russian Federation to a stateless person or a foreign citizen and confirming their right of free exit from the Russian Federation and return to the Russian Federation.
Article 4. The Principles of Russian Federation Citizenship and the Rules Regulating Issues of Russian Federation Citizenship
1. The principles of Russian Federation citizenship and the rules regulating issues of Russian Federation citizenship shall not contain provisions imposing restrictions on citizens' rights by virtue of social, racial, ethnic, language or religion belonging.
2. Citizenship of the Russian Federation is uniform and equal, irrespective of the basis on which it is acquired.
3. Russian Federation citizen's residence outside the Russian Federation does not terminate his/her Russian Federation citizenship.
4. A citizen of the Russian Federation shall not be deprived of Russian Federation citizenship or of the right to change it.
5. A citizen of the Russian Federation shall not be exiled out of the Russian Federation or handed over to a foreign state.
6. The Russian Federation shall encourage stateless persons residing in the territory of the Russian Federation to acquire Russian Federation citizenship.
7. The fact that a person has Russian Federation citizenship or that a person had USSR citizenship before shall be determined under legislative acts of the Russian Federation, the RSFSR or the USSR, international treaties of the Russian Federation or the USSR effective as of the date of the onset of the circumstances to which the person's having a specific citizenship is related.
Article 5. Citizens of the Russian Federation
The following are citizens of the Russian Federation:
a) persons having citizenship of the Russian Federation as of the date when the present Federal Law enters into force;
b) persons who have acquired citizenship of the Russian Federation in compliance with the present Federal Law.
Article 6. Dual Citizenship
1. A citizen of the Russian Federation who also has another citizenship shall be deemed by the Russian Federation only as a Russian Federation citizen, except for the cases stipulated by an international treaty of the Russian Federation or a federal law.
2. The acquisition by a Russian Federation citizen of another citizenship shall not cause termination of Russian Federation citizenship.
Article 7. The Granting of Defence and Protection to Russian Federation Citizens Staying Outside of the Russian Federation
1. The citizens of the Russian Federation who stay outside the Russian Federation shall be granted the Russian Federation's defence and protection.
2. The governmental bodies of the Russian Federation, the diplomatic missions and consular institutions of the Russian Federation located outside the Russian Federation, the officials of the said missions and institutions shall assist in Russian Federation citizens' getting an opportunity to enjoy the full scope of all the rights established by the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally accepted principles and norms of international law, international treaties of the Russian Federation, the laws and rules of the states where Russian Federation citizens reside or stay, and also an opportunity for defending their rights and law-protected interests.
Article 8. Russian Federation Citizenship and Marriage
1. Marriage or divorce between a citizen of the Russian Federation and a person not having the Russian Federation citizenship shall not cause a change in the citizenship of these persons.
2. Change of citizenship by one of the spouses shall not cause a change in the citizenship of the other spouse.
3. Divorce shall not cause a change in the citizenship of the children born in wedlock or adopted children.
Article 9. The Citizenship of Children
1. The citizenship of the child in the case of acquisition or termination of Russian Federation citizenship by one or both of the child's parents shall be retained or shall be changed in compliance with the present Federal Law.
2. For a child aged 14 to 18 his/her consent shall be needed for the purpose of acquisition or termination of his/her Russian Federation citizenship.
3. The Russian Federation citizenship of a child shall not be terminated if the child is going to become a stateless person as the result of such termination.
4. The citizenship of a child shall not be changed if a change occurs in the citizenship of the child's parents who have been deprived of their parental rights. In the case of a change in the citizenship of a child no consent is required from his/her parents who have been deprived of their parental rights.
Article 10. The Documents Whereby By Which Russian Federation Citizenship Is Certified
The document whereby Russian Federation citizenship is certified shall be the passport of a citizen of the Russian Federation or another basic document in which the person's citizenship is specified. The types of basic documents serving as the personal identity document of a citizen of the Russian Federation shall be designated by a federal law.
Chapter II. Acquisition of the Citizenship
of the Russian Federation
Article 11. Grounds for the Acquisition of Russian Federation Citizenship
Russian Federation citizenship shall be acquired:
a) by virtue of birth;
b) as a result of being admitted for Russian Federation citizenship;
c) as the result of reinstatement of Russian Federation citizenship;
d) on other grounds set out in the present Federal Law or an international treaty of the Russian Federation.
Article 12. Acquisition of Russian Federation Citizenship by Virtue of the Birth
1. A child shall acquire Russian Federation citizenship by virtue of birth if as of the date of birth of the child:
a) both his/her parents or his/her single parent have Russian Federation citizenship (irrespective of the child's place of birth);
b) one of his/her parents has Russian Federation citizenship and the other parent is a stateless person or has been recognised as a person unaccounted for or if the whereabouts thereof are unknown (irrespective of the child's place of birth);
c) one of his/her parents has Russian Federation citizenship and the other one is a foreign citizen, on the condition that the child has been born in the territory of the Russian Federation or if otherwise he/she is going to become a stateless person;
d) both his/her parents or his/her only parent residing in the territory of the Russian Federation are foreign citizens or stateless persons, on condition that the child has been born in the territory of the Russian Federation, while the state where his/her parents are citizens does not grant its citizenship thereto.
2. A child who stay in the territory of the Russian Federation and whose parents are unknown shall become a Russian Federation citizen if the parents fail to appear within six month after the time the child was found.
Article 13. Admission into Russian Federation Citizenship on General Terms
1. Foreign citizens and stateless persons who have reached the age of 18 and have dispositive capacity are entitled to file a naturalisation application asking for Russian Federation citizenship on general terms on the condition that the said citizens and persons:
a) have been residing in the territory of the Russian Federation since the day when they received a residence permit and to the day when they file a naturalisation application asking for Russian Federation citizenship for five years without a break, except for the cases specified in Part 2 of the present article. The duration of residence in the territory of the Russian Federation shall be deemed without a break if the person left the Russian Federation for a term not exceeding three months in one year. The term of residence in the territory of the Russian Federation for the persons who had arrived to the Russian Federation prior to July 1, 2002 and do not have residence permits, shall be estimated, as of the date of their registration at the place of residence;
b) undertake to observe the Constitution of the Russian Federation and the legislation of the Russian Federation;
c) have a legal source of means of subsistence;
d) have filed applications with the competent body of the foreign state whereby they waived their other citizenship. No waiver of foreign citizenship is required if this is envisaged by an international treaty of the Russian Federation or the present Federal Law or if the waiver of another citizenship is impossible due to reasons beyond the person's control;
e) are in command of the Russian language; the procedure for assessing the level of knowledge of the Russian language shall be established by regulations on the procedure for considering issues concerning Russian Federation citizenship.
2. The duration of stay in the territory of the Russian Federation established by Item "a" of Part 1 of the present article is reduced to one year if any of the below grounds exist:
a) the person has high achievements in the field of science, technology and culture; the person has a profession or qualification of interest for the Russian Federation;
b) the person has been granted asylum in the territory of the Russian Federation;
c) the person has been recognised as a refugee in the manner established by a federal law.
3. A person having special merits before the Russian Federation may be admitted to Russian Federation citizenship without the need for observing the conditions stipulated in Part 1 of the present article.
4. Citizens of the states, which have formed part of the USSR, serving at least three years in the Armed Forces of the Russian Federation and in other forces or in military units on a contractual basis, shall be entitled to apply for admittance into the Russian Federation citizenship without observing the terms provided for by Item "a" of Part One of this Article and without presenting the residence permit.
Article 14. Admittance into the Russian Federation Citizenship in a Simplified Manner
1. Foreign citizens and stateless persons who have reached the age of 18 and who have dispositive capacity are entitled to file naturalisation applications asking for Russian citizenship, in a simplified manner without observing the conditions set out in Item "a" of Part One of Article 13 of this Federal Law, if the said citizens and persons:
a) have at least one parent who is a Russian citizen and resides on Russian Federation territory;
b) have had USSR citizenship, and having resided and residing in the states that have formed part of the USSR, have not become citizens of these states and as a result remain stateless persons;
c) are citizens of the states which have formed part of the USSR, have received secondary vocational or higher vocational education at educational institutions of the Russian Federation after July 1, 2002.
2. Foreign citizens and stateless persons residing on the territory of the Russian Federation shall be entitled to apply for admittance to Russian citizenship in a simplified manner without observing the condition concerning the time of residence established by Item "a" of Part One of Article 13 of this Federal Law, if the said citizens and persons:
a) have been born on the territory of the RSFSR and have been citizens of the former USSR;
b) have been married to a citizen of the Russian Federation within at least three years;
c) are disabled persons and have a capable son or daughter who has reached the age of eighteen years and is a citizen of the Russian Federation;
d) have a child who is a citizen of the Russian Federation - in the event that the other parent of the child who is a citizen of the Russian Federation has died or has, by a court decision which has entered into legal force, been deemed to be missing, lacking of or limited in dispositive legal capacity, or has been deprived of or limited in parental rights;
e) have a son or daughter who has reached the age of eighteen years, is a citizen of the Russian Federation and has, by a court decision which has entered into legal force, been deemed lacking of or limited in dispositive legal capacity - in the event that the other parent of such citizen of the Russian Federation who is a citizen of the Russian Federation has died or has, by a court decision which has entered into legal force, been deemed to be missing, lacking of or limited in dispositive legal capacity, or has been deprived of or limited in parental rights.
3. Disabled foreign citizens and stateless persons who have come to the Russian Federation from the states which have formed part of the USSR, and are registered at the place of residence in the Russian Federation, as on July 1, 2002, shall be entitled to file an application for admittance to the Russian citizenship in the simplified manner without observing the condition concerning the term of residence on the territory of the Russian Federation established by Item "a" of Part One of Article 13 of this Federal Law and without submitting the residence permit.
4. Foreign citizens and stateless persons who had citizenship of the USSR, arrived in the Russian Federation from states that were part of the USSR and were registered at the place of residence in the Russian Federation as on July 1, 2002 or received a permit for sojourn in the Russian Federation or a residence permit, shall be admitted to citizenship of the Russian Federation in a simplified procedure without the observance of the conditions stipulated by Items (a), (c) and (e) of Item one of Article 13 of this Federal Law if they, before July 1, 2009, announce their desire to acquire the citizenship of the Russian Federation.
5. Veterans of the Great Patriotic War who have been citizens of the former USSR and reside on the territory of the Russian Federation shall be admitted to Russian Federation citizenship in the simplified manner without observing the conditions provided for by Items "a", "c", "d" and "e" of Part One of Article 13 of this Federal Law and without presenting a residence permit.
6. There shall be admitted to citizenship of the Russian Federation in the simplified manner without observing the conditions provided for by Part One of Article 13 of this Federal Law children and disabled persons who are foreign citizens or stateless persons:
a) a child one of whose parents is a citizen of the Russian Federation - on the application of this parent and in the presence of the other parent's consent to the child's becoming a citizen of the Russian Federation. Such consent shall not be required if the child resides on the territory of the Russian Federation;
b) the child whose only parent is a citizen of the Russian Federation - on the application of this parent;
c) children or disabled persons who are in custody or guardianship - on the application of the custodian or guardian who are citizens of the Russian Federation.
7. Foreign citizens and stateless persons having registration at the place of residence on the territory of an entity of the Russian Federation chosen by them for permanent residence in accordance with the State Programme for Assisting Voluntary Immigration to the Russian Federation of Compatriots Residing Abroad, may be granted citizenship of the Russian Federation in a simplified procedure without complying with the conditions stipulated by Items (a), (c) and (e) of Part one of Article 13 of this Federal Law.
Article 15. Reinstatement of Russian Federation Citizenship
Foreign citizens and stateless persons who have had Russian Federation citizenship before may have their Russian Federation citizenship reinstated in compliance with Part 1 of Article 13 of the present Federal Law. In such a case the duration of their stay in the territory of the Russian Federation shall be cut to three years.
Article 16. Grounds for Rejecting a Naturalisation Application Asking for Russian Federation Citizenship and an Application for Reinstatement of Russian Federation Citizenship
The naturalisation applications asking for Russian Federation citizenship and the application for reinstatement of Russian Federation citizenship filed by the following persons shall be rejected:
a) persons who advocate changing by force the fundamentals of the constitutional system of the Russian Federation or who otherwise create a threat to the security of the Russian Federation;
b) persons who were evicted out of the Russian Federation under a federal law during the five-year term preceding the date of filing of the naturalisation application asking for Russian Federation citizenship or the application for reinstatement of Russian Federation citizenship;
c) persons who have used forged documents or provided deliberately untrue information;
d) persons who undergo military service or service with the security bodies or law-enforcement bodies of a foreign state, except as otherwise envisaged by an international treaty of the Russian Federation;
e) persons whose previous conviction for the committal of felonious crimes in the territory of the Russian Federation or abroad, such crimes being recognised as such under a federal law, and have not been cleared or expunged;
f) persons who are criminally prosecuted by the competent bodies of the Russian Federation or competent bodies of foreign states for crimes recognised as such under a federal law (before the court verdict or decision in the case);
g) persons who have been convicted and who serve a sentence in the form of imprisonment for actions subject to prosecution under a federal law (before the expiration of the sentence term);
h) Excluded.
Article 17. Choosing Citizenship in the Case of a Change in the State Border of the Russian Federation
When a change occurs in the State Border of the Russian Federation under an international treaty of the Russian Federation, the persons residing in the territory which switched its state shall have a right to choose citizenship (right of optation) in the manner and within the term established by a relevant international treaty of the Russian Federation.
Chapter III. Termination of Citizenship of the Russian Federation
Article 18. Grounds for Terminating Citizenship of the Russian Federation
Citizenship of the Russian Federation shall be terminated:
a) as a result of surrendering Russian Federation citizenship;
b) on other grounds stipulated by the present Federal Law or an international treaty of the Russian Federation.
Article 19. Surrendering Citizenship of the Russian Federation
1. A person residing in the territory of the Russian Federation may generally surrender his/her Russian Federation citizenship by means of voluntary expression of his/her will, except for cases specified in Article 20 of the present Federal Law.
2. The surrender of Russian Federation citizenship by a person residing in the territory of a foreign state shall be effected by means of voluntary expression of his/her will in the simplified manner, except for the cases specified in Article 20 of the present Federal Law.
3. The surrender of the Russian Federation citizenship of a child whose single parent is a Russian Federation citizen and the other parent is a foreign citizen or whose single parent is a foreign citizen shall be effected in the simplified manner upon the application filed by both parents or on the application filed by the single parent.
Article 20. Grounds for Denial of Surrender of Russian Federation Citizenship
No surrender of Russian Federation citizenship shall be permitted if the citizen of the Russian Federation:
a) has an undischarged obligation owed to the Russian Federation under a federal law;
b) has been held accountable in a criminal case as a defendant by the competent bodies of the Russian Federation or a court verdict that has become final and is subject to execution;
c) has no other citizenship or guarantees of acquiring one.
Article 21. Choosing Another Citizenship (Optation) in the Case of Change of the Border of the Russian Federation
When territorial transmutations occur as a result of a change of the State Border of the Russian Federation under an international treaty of the Russian Federation the citizens of the Russian Federation residing in the territory which has undergone said transmutations shall be entitled to retain or change their citizenship in accordance with the terms of this international treaty.
Chapter IV. Repealing Decisions on Issues
of Citizenship of the Russian Federation
Article 22. Grounds for Repealing Decisions on Issues of Citizenship of the Russian Federation
A decision on acquisition or termination of Russian Federation citizenship shall be repealed if it is established that the decision has been taken on the basis of forged documents or deliberately untrue information provided by the applicant. The fact of use of forged documents or provision of deliberately untrue information shall be established by a court.
Article 23. Procedure for Repealing Decisions on Issues of Citizenship of the Russian Federation and the Consequences Thereof
1. A decision on issues of Russian Federation citizenship may be repealed by the President of the Russian Federation or another empowered body in charge of the matters of Russian Federation citizenship and which have taken the decision.
2. When a decision on issues of Russian Federation citizenship is repealed under Article 22 of the present Federal Law it shall be deemed invalid as of the date of the decision.
Chapter V. The Citizenship of Children in the Case of Change
in the Citizenship of the Parents, Tutors and Guardians.
The Citizenship of Persons Lacking Dispositive Capacity
Article 24. Changing the Citizenship of a Child in Case of Acquisition or Termination of His/Her Parents' Citizenship
1. The child shall acquire the citizenship of the Russian Federation if both his/her parents or his/her single parent acquire citizenship of the Russian Federation.
2. The child's Russian Federation citizenship shall be terminated when the Russian Federation citizenship of both his/her parents or single parent is terminated on the condition that the child is not going to become a stateless person.
Article 25. The Citizenship of a Child in the Case of Acquisition or Termination of the Russian Federation Citizenship of One of His/Her Parents
1. If one of the parents having another citizenship acquires Russian Federation citizenship their child residing in the territory of the Russian Federation may acquire Russian Federation citizenship on the application of his/her parent acquiring Russian Federation citizenship.
2. If any of the parents having another citizenship acquires Russian Federation citizenship their child residing outside the Russian Federation may acquire Russian Federation citizenship on the application of both parents.
3. If one of the parents having another citizenship acquires Russian Federation citizenship and the other parent is a stateless person, their child may acquire Russian Federation citizenship on the application of his/her parent acquiring Russian Federation citizenship.
4. If one the parents who acquires Russian Federation citizenship is a stateless person and the other parent has another citizenship, their child may acquire Russian Federation citizenship on the application of both parents.
5. If the Russian Federation citizenship of one of the parents is terminated and the other parent remains a Russian Federation citizen their child shall retain Russian Federation citizenship. The child's Russian Federation citizenship may be terminated simultaneously with the termination of the Russian Federation citizenship of one of the parents if the other parent being a Russian Federation citizen has granted his/her consent in writing, provided the child is not going to become a stateless person.
Article 26. The Citizenship of Children in the Case of Adoption
1. When he/she is adopted by foreign citizens or a foreign citizen, a child being a Russian Federation citizen shall retain Russian Federation citizenship. The Russian Federation citizenship of a child adopted by foreign citizens or a foreign citizen may be generally terminated on the application of both adoptive paren
