|
Updated version is published here: http://visalink-russia.com/russian-federation-federal-law-citizenship.html
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)
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.
See Decree of the President of the Russian Federation No. 232 of March 13, 1997 on the Main Document Serving as the Personal Identity Document of a Citizen of the Russian Federation on the Territory of the Russian Federation
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;
Federal Law No. 151-FZ of November 11, 2003 reworded Item d) of part 1 of Article 12 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
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.
Federal Law No. 151-FZ of November 11, 2003 amended Article 13 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
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.
On the Organisation of State Testing in the Russian Language, Which Is Foreign to Foreign Nationals and Stateless Persons, for the Admission to the Citizenship of the Russian Federation, see Order of the Ministry of Education of the Russian Federation No. 2606 of June 20, 2003
See the List of Educational Organisations (Institutions) Conducting the State Testing of Russian as a Foreign Language of Foreign Nationals and Stateless Persons for Admitting them to Citizenship of the Russian Federation, endorsed by Order of the Ministry of Public Education of the Russian Federation No. 735 of February 18, 2004
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, military units or bodies 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.
Federal Law No. 151-FZ of November 11, 2003 reworded Article 14 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
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.
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 have been citizens of the USSR who have come to the Russian Federation from the states which formed part of the USSR, who are registered at the place of residence in the Russian Federation as on July 1, 2002, or have received a permit for temporary residence in the Russian Federation shall be admitted to citizenship of the Russian Federation in the simplified manner without observing the conditions provided for by Items "a", "c" and "e" of Part One of Article 13 of this Federal Law and without presenting a residence permit if they, prior to January 1, 2006, declare their wish to become citizens 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.
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;
See the Procedure for the Issuance by the Tax Bodies of Documents on the Absence of Any Indebtedness in the Payment of Taxes by Natural Persons Withdrawing from the Citizenship of the Russian Federation endorsed by Order of the Ministry of Taxation of the Russian Federation No. BG-3-23/192@ of March 12, 2004
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 parents or the single adoptive parent, provided the child is not going to become a stateless person.
2. A child adopted by a Russian Federation citizen or by spouses being Russian Federation citizens or by spouses of which one is a Russian Federation citizen and the other a stateless person shall acquire Russian Federation citizenship as of the date of his/her adoption, irrespective of the child's place of residence, on the application of the adoptive parent being a citizen of the Russian Federation.
3. A child adopted by spouses of which one is a Russian Federation citizen and the other has another citizenship may acquire Russian Federation citizenship in the simplified manner on the application of both adoptive parents, irrespective of the child's place of residence.
4. In the case specified in Part 3 of the present article if no application is filed by both the adoptive parents within one-year after the adoption, the child shall acquire Russian Federation citizenship as of the date of adoption if he/she and his/her adoptive parents reside in the territory of the Russian Federation.
Article 27. Citizenship of Children and Persons Lacking Dispositive Capacity Who Are under Tutorship or Guardianship
1. The children and persons lacking dispositive capacity who are under the tutorship or guardianship of a Russian Federation citizen shall acquire Russian Federation citizenship in the simplified manner on the application of the tutor or guardian.
2. A child or a person lacking dispositive capacity who is fully catered for by the state in an educational or medical treatment institution, social protection institution or other similar institution of the Russian Federation shall acquire Russian Federation citizenship in the simplified manner on the application of the head of the institution where the child or the person lacking dispositive capacity is kept.
3. A child or a person lacking dispositive capacity who is under the tutorship or guardianship of a foreign citizen acquiring Russian Federation citizenship may acquire Russian Federation citizenship simultaneously with the said citizen on the citizen's application.
4. A child or a person lacking dispositive capacity who is a citizen of the Russian Federation and who is under the tutorship or guardianship of a foreign citizen shall retain his/her Russian Federation citizenship.
Chapter VI. The Empowered Bodies Having in Their Jurisdiction Matters of Citizenship of the Russian Federation
Article 28. The Empowered Bodies Having in Their Jurisdiction Matters of Citizenship of the Russian Federation
1. The empowered bodies having in their jurisdiction matters of citizenship of the Russian Federation are as follows:
- the President of the Russian Federation;
- the federal executive body in charge of internal affairs and the territorial bodies thereof;
- the federal executive body in charge of foreign affairs and the Russian Federation diplomatic missions and consular institutions outside the Russian Federation.
2. The powers of the bodies in charge of matters of Russian Federation citizenship are determined by the present Federal Law.
Article 29. Powers of the President of the Russian Federation
1. The President of the Russian Federation shall resolve the issues of:
a) general admittance into Russian Federation citizenship under Article 13 of the present Federal Law;
b) general reinstatement of Russian Federation citizenship under Article 15 of the present Federal Law;
c) general surrender of Russian Federation citizenship under Part 1 of Article 19 and Part 1 of Article 26 of the present Federal Law;
d) repeal of decisions on Russian Federation citizenship under Article 23 of the present Federal Law.
2. The President of the Russian Federation shall endorse regulations on the procedure for considering issues of Russian Federation citizenship.
3. The President of the Russian Federation shall ensure the coordinated operation and interaction of the empowered bodies in charge of the matters of Russian Federation citizenship in connection with the implementation of the present Federal Law.
4. The President of the Russian Federation shall issue decrees on issues of Russian Federation citizenship.
Federal Law No. 151-FZ of November 11, 2003 amended part 5 of Article 29 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
5. Given the existence of circumstances specified in Items "b" - "g" of Article 16 of the present Federal Law, the President of the Russian Federation shall be entitled to consider the issue of admittance into Russian Federation citizenship or reinstatement of Russian Federation citizenship of foreign persons and stateless persons in compliance with Articles 13 - 15 of the present Federal Law.
Article 30. Powers of the Federal Executive Body in Charge of Internal Affairs and the Territorial Bodies Thereof
The federal executive body in charge of internal affairs and the territorial bodies thereof shall exercise the following powers:
a) determine the availability of Russian Federation citizenship of persons residing in the territory of the Russian Federation;
b) accept applications concerning Russian Federation citizenship from the persons residing in the territory of the Russian Federation;
c) verify the facts and documents presented to validate applications concerning Russian Federation citizenship and where necessary ask relevant governmental bodies to provide additional information;
d) forward to the President of the Russian Federation in the cases specified in Part 1 of Article 29 of the present Federal Law applications concerning issues of Russian Federation citizenship, the documents and other materials filed to validate them and also opinions concerning these applications, documents and materials;
e) implement decisions on issues of Russian Federation citizenship adopted by the President of the Russian Federation, in respect of the persons residing in the territory of the Russian Federation;
Federal Law No. 151-FZ of November 11, 2003 amended Item f) of Article 30 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
f) consider applications concerning issues of Russian Federation citizenship filed by persons residing in the territory of the Russian Federation and make decisions on issues of the Russian Federation citizenship in the simplified manner under Article 14, Part 3 of Article 19 and Part 3 of Article 26 of the present Federal Law;
g) keep record of the persons in respect of whom the federal executive body in charge of internal affairs or a territorial body thereof has taken a decision on change of citizenship;
h) complete the formalities relating to Russian Federation citizenship in compliance with Part 2 of Article 12 and Parts 2 and 4 of Article 26 of the present Federal Law;
i) repeal decisions on issues of Russian Federation citizenship under Article 23 of the present Federal Law.
Article 31. Powers of the Federal Executive Body in Charge of Foreign Affairs and of the Russian Federation Diplomatic Missions and Consular Institutions Located outside the Russian Federation
The federal executive body in charge of foreign affairs and the Russian Federation diplomatic missions and consular institutions located outside the Russian Federation:
a) shall determine the presence of the Russian Federation citizenship of persons residing outside the Russian Federation;
b) accept applications on issues of Russian Federation citizenship from persons residing outside the Russian Federation;
c) verify the facts and documents presented to validate applications concerning issues of Russian Federation citizenship and where necessary ask relevant governmental bodies to provide additional information;
d) forward to the President of the Russian Federation in the cases specified in Part 1 of Article 29 of the present Federal Law applications concerning issues of Russian Federation citizenship, the documents and other materials filed to validate them and also opinions concerning these applications, documents and materials;
e) implement decisions on issues of Russian Federation citizenship adopted by the President of the Russian Federation, in respect of persons residing outside the territory of the Russian Federation;
Federal Law No. 151-FZ of November 11, 2003 amended Item f) of Article 31 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
f) consider applications concerning issues of Russian Federation citizenship filed by persons residing outside the territory of the Russian Federation and make decisions on issues of the Russian Federation citizenship in the simplified manner under Article 14, Parts 2 and 3 of Article 19 and Part 3 of Article 26 of the present Federal Law;
g) keep record of the persons in respect of whom Russian Federation diplomatic missions and consular institutions located outside the Russian Federation have made decisions on change of citizenship;
h) complete the formalities relating to Russian Federation citizenship in compliance with Part 2 of Article 26 of the present Federal Law;
i) repeal decisions on issues of Russian Federation citizenship under Article 23 of the present Federal Law.
Chapter VII. Proceedings Relating to Matters of Citizenship of the Russian Federation
Article 32. Procedure for Filing Applications Concerning Issues of Russian Federation Citizenship
1. The application on issues of Russian Federation citizenship shall be filed at the applicant's place of residence:
a) by a person residing in the territory of the Russian Federation: with a territorial body of the federal executive body in charge of internal affairs;
b) by a person residing outside the territory of the Russian Federation and not having a place of residence in the territory of the Russian Federation: with a diplomatic mission or a consular institution of the Russian Federation located outside the Russian Federation.
2. The application shall be filed by the applicant in person.
3. If the applicant cannot file the application in person due to circumstances of an exceptional nature as confirmed by documents, the application and the necessary documents may be forwarded for consideration through the services of another person or sent by post. In such a case the authenticity of the signature of the application signatory and the fact that the copy of the document attached to the application matches its original shall be attested by a notary.
Federal Law No. 151-FZ of November 11, 2003 amended part 4 of Article 32 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
4. The application for change of citizenship of a child or a person lacking dispositive capacity shall be filed by his/her parents or other legal representatives at the place of residence of the child or of the person lacking dispositive capacity.
Article 33. Procedure for Drawing Up Applications Concerning Issues of Russian Federation Citizenship
1. The application concerning issues of Russian Federation citizenship shall be drawn up in writing according to the established form. The applicant's personal signature shall be attested to by the official of the empowered body in charge of the matters of Russian Federation citizenship who accepted the application.
2. If the applicant cannot sign the application due to his/her illiteracy or physical handicaps, the application may be signed on his/her request by another person, with the authenticity of the signature being attested to by a notarial annotation. Outside the Russian Federation such a notarial annotation shall be entered in the application by an authorised official of diplomatic mission or consular institution of the Russian Federation located outside the Russian Federation.
3. The consent of persons concerned to the acquisition or termination of Russian Federation citizenship in cases specified in the present Federal Law shall be given in writing, with the authenticity of signatures of said persons being attested to by a notary. The authenticity of signatures of persons residing outside the Russian Federation shall be attested to by authorised officials of diplomatic missions or consular institutions of the Russian Federation located outside the Russian Federation.
4. The form of the application and a list of the information items to be entered therein and the necessary documents relating to specific grounds for acquisition or termination of Russian Federation citizenship shall be determined by regulations on the procedure for considering issues of Russian Federation citizenship endorsed by the President of the Russian Federation.
Article 34. Levying State Duty and Consular Fee
Federal Law No. 127-FZ of November 2, 2004 reworded the first part of Article 34 of the present Federal Law. The new wording shall enter into force as of January 1, 2005
1. When an application is filed for admission into Russian Federation citizenship, reinstatement of Russian Federation citizenship or abandonment of Russian Federation citizenship, and also in case of establishing Russian Federation citizenship on applications filed by persons concerned in the territory of the Russian Federation, a state duty shall be levied in the amount and in the procedure that are established by the laws of the Russian Federation on taxes and fees.
2. In the case of rejection of an application on issues of Russian Federation citizenship on the grounds specified in Articles 16 and 20 of the present Federal Law, the state duty and consular fee shall not be refundable to the applicant.
Federal Law No. 151-FZ of November 11, 2003 amended Article 35 of this Federal Law. The amendments shall enter into force on the expiry of one month as of the date of the official publication of the said Federal Law
Article 35. Procedure and Term for Making Decisions on Issues of Russian Federation Citizenship
1. Generally decisions on issues of Russian Federation citizenship shall be made by the President of the Russian Federation.
See the Regulations on the Procedure for Considering the Issues of the Citizenship of the Russian Federation approved by Decree of the President of the Russian Federation No. 1325 of November 14, 2002
2. The consideration of applications concerning issues of Russian Federation citizenship and the making of decisions on admission into Russian Federation citizenship and on abandoning Russian Federation citizenship shall be generally completed within one year after the date of filing the application together with all the necessary documents drawn up in the appropriate way.
3. Decisions on admission into the Russian Federation citizenship and on abandoning the Russian Federation citizenship in the simplified manner in compliance with Article 14, with Part Three of Article 19 and Part Three of Article 26 of this Federal Law shall be made by the federal executive body in charge of internal affairs and by territorial bodies thereof.
Decisions on admission into the Russian Federation citizenship and on abandoning the Russian Federation citizenship in the simplified manner in compliance with Parts One and Six of Article 14, Parts Two and Three of Article 19 and Part Three of Article 26 of this Federal Law shall be rendered by the federal executive body in charge of foreign affairs and the diplomatic missions and consular institutions of the Russian Federation located outside the Russian Federation.
4. The consideration of applications concerning issues of Russian Federation citizenship and the making of decisions on admission into Russian Federation citizenship and on abandoning Russian Federation citizenship in the simplified manner shall be completed within six months after the filing of the application together with all the necessary documents drawn up in the appropriate way.
5. Decisions on issues of Russian Federation citizenship shall be drawn up in writing complete with an indication of the grounds for the adoption of these decisions.
Article 36. Acceptance for Consideration of Repeated Applications on Issues of Russian Federation Citizenship
1. A person in respect of whom a decision has been made on issues of Russian Federation citizenship shall be entitled to again file an application concerning issues of Russian Federation citizenship upon the expiration of one-year after the date of the preceding decision.
2. If circumstances exist which were not or could not be known to the applicant a repeated application may be accepted for consideration without the need for observing the term established by Part 1 of the present article.
Article 37. Date of Acquisition or Termination of Russian Federation Citizenship
1. Russian Federation citizenship shall be acquired:
under Article 12 of the present Federal Law
- as of the date of birth of the child;
under Parts 2 and 4 of Article 26 of the present Federal Law
- as of the date of adoption of the child;
in the rest of cases
- as of the date when the empowered body in charge of matters of Russian Federation citizenship takes a relevant decision.
2. Russian Federation citizenship shall be terminated as of the date when the empowered body in charge of matters of Russian Federation citizenship takes a relevant decision.
Article 38. Implementation of Decisions on Issues of Russian Federation Citizenship
1. The empowered bodies in charge of matters of Russian Federation citizenship which have accepted for consideration applications concerning issues of Russian Federation citizenship shall notify the persons concerned of the decisions made and issue relevant documents to these persons.
2. The federal executive body in charge of internal affairs and the federal executive body in charge of foreign affairs shall monitor the implementation of decisions on issues of Russian Federation citizenship and inform the President of the Russian Federation about it within the terms set by the regulations on the procedure for considering issues of Russian Federation citizenship endorsed by the President of the Russian Federation.
Chapter VIII. Appealing Decisions of the Empowered Bodies Having in Their Jurisdiction Matters of Citizenship of the Russian
Federation and Actions of the Officials Thereof. Resolving Disputes on Issues of Citizenship of the Russian Federation
Article 39. Appealing Decisions on Issues of Russian Federation Citizenship
The decision of the empowered body in charge of matters of Russian Federation citizenship to reject an application concerning issues of Russian Federation citizenship is subject to court appeal in the manner specified by the legislation of the Russian Federation.
Article 40. Appealing the Actions of Officials of the Empowered Bodies in Charge of Matters of Russian Federation Citizenship
Appeal may be taken to a higher official or to a court regarding a refusal to consider an application concerning issues of Russian Federation citizenship and other actions of officials of the empowered bodies in charge of matters of Russian Federation citizenship which violate the order of proceedings in cases concerning Russian Federation citizenship.
Article 41. Resolving Disputes on the Citizenship of a Child and a Person Lacking Dispositive Capacity
Disputes between parents, or between a parent and a guardian or tutor on the citizenship of a child or a person lacking dispositive capacity shall be referred to a court to be resolved by it on the basis of interests of the child or the person lacking dispositive capacity.
Chapter IX. Conclusive Provisions
Article 42. Validity of Documents Issued Under Previously Effective Legislation of the Russian Federation on Citizenship
The documents issued under previously effective legislation of the Russian Federation on citizenship shall remain in effect if they have been drawn up appropriately and are deemed effective as of the date when the present Federal Law enters into force.
On Recognizing as Valid prior to January 1, 2006 the Passports of a Citizen of the USSR of the 1974 Sample for Some Categories of Foreign Nationals and Stateless Persons, see Decision of the Government of the Russian Federation No. 731 of December 4, 2003
Article 43. The Procedure for Considering the Applications Concerning Russian Federation Citizenship Which Had Been Accepted for Consideration Prior to the Entry Into Force of the Present Federal Law
1. The consideration of the applications concerning Russian Federation citizenship which had been accepted for consideration prior to the entry into force of the present Federal Law and the making of decisions on said applications shall be carried out in compliance with the present Federal Law, except for cases specified in Part 2 of the present article.
2. If the Law of the Russian Federation on Citizenship of the Russian Federation established a more privileged procedure for acquiring or terminating Russian Federation citizenship in comparison with the present Federal Law, the consideration of the applications specified in Part 1 of the present article and the making of decisions on them shall be effected in the manner established by the said law of the Russian Federation.
Article 44. Bringing Regulatory Legal Acts into Line with the Present Federal Law
1. From the date of entry into force of the present Federal Law the following shall be declared invalid:
Decree of the Presidium of the Supreme Soviet of the RSFSR of June 29, 1981 on the Procedure for Admission into RSFSR Citizenship (Vedomosti Verkhovnogo Soveta RSFSR, item 903, No. 26, 1981);
Decree of the Presidium of the Supreme Soviet of the RSFSR of June 29, 1981 on Endorsing the Regulations on the Procedure for the Presidium of the Supreme Soviet of the RSFSR to Consider Issues Relating to Admission into RSFSR Citizenship;
The Law of the RSFSR of July 8, 1981 on Endorsing Decree of the Presidium of the Supreme Soviet of the RSFSR on the Procedure for Admission into RSFSR Citizenship (Vedomosti Verkhovnogo Soveta RSFSR, item 982, No. 28, 1981);
Law of the Russian Federation No. 1948-I of November 28, 1991 on the Citizenship of the Russian Federation (Vedomosti Syezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii , item 243, No. 6, 1992), except for Items "a" - "c" of Article 18, Part 3 of Article 19, Articles 20 and 41 envisaging a more privileged procedure in comparison with the present Federal Law for persons whose applications on issues of Russian Federation citizenship have been accepted for consideration prior to the entry into force of the present Federal Law to acquire or terminate Russian Federation citizenship;
Items 2-4, 7-18 of Law of the Russian Federation No. 5206-I of June 17, 1993 on Amending the Law of the RSFSR on the Citizenship of the RSFSR (Vedomosti Syezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, item 1112, No. 29, 1993); Federal Law No. 13-FZ of February 6, 1995 on Amending the Law of the Russian Federation on Citizenship of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, item 496, No. 7, 1995); Article 11 of Federal Law No. 99-FZ of May 24, 1999 on the State Policy of the Russian Federation in Respect of Compatriots Abroad (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, item 2670, No. 22, 1999).
2. The President of the Russian Federation and the Government of the Russian Federation are hereby proposed to bring their regulatory legal acts into line with the present Federal Law within six months from the date of its entry into force.
Article 45. Entry Into Force of the Present Federal Law
The present Federal Law shall enter into force as of July 1, 2002.
President of the Russian Federation
V. Putin
|
