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Statute on the Procedure for Consideration of Questions of Citizenship in the Russian Federation

Publisher National Legislative Bodies / National Authorities
Publication Date 22 January 1994
Reference RUS-610
Cite as Statute on the Procedure for Consideration of Questions of Citizenship in the Russian Federation [],  22 January 1994, available at: http://www.refworld.org/docid/3ae6b5271f.html [accessed 24 October 2014]
Comments This is an unofficial translation. The amended Statute was published as an Annexe to the "Edict, Statute on Changes to, Review of 'Citizenship Questions'", No. 2299, signed by the President on 27 December 1993 and published in the Gazette on 22 January 1994. The original Statute was first approved by the Edict of the President of the Russian Federationof 10 April 1992 No. 386.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

The present Statute shall determine the procedure for consideration of questions of the acquisition and termination of citizenship in the Russian Federation in keeping with the Law of the Russian Federation "On Citizenship in the Russian Federation" (hereinafter referred to as the Law).

I.General Provisions

1.         Applications or petitions concerning questions of citizenship shall be submitted by legally competent individuals.

2.         Documentation of the acquisition or termination of citizenship in the Russian Federation shall begin in the applicant's place of residence: for individuals residing in the territory of the Russian Federation-in internal affairs organs of the Russian Federation (hereinafter referred to as internal affairs organs); for individuals residing outside Russia-in the corresponding diplomatic missions or consular institutions of the Russian Federation (hereinafter referred to as consular institutions).

3.         With respect to individuals who have come to Russia in connection with labor agreements, training, and other purposes, internal affairs organs shall document materials on questions of citizenship after a decision is made in keeping with the procedure established by the Law concerning their place of residence on the territory of Russia.

4.         In cases where the acquisition or termination of citizenship in the Russian Federation is documented by way of registration (that is, according to the simplified procedure) APPLICATIONS shall be submitted. In cases that do not come under the registration procedure, PETITIONS shall be filled out.

The application or petition shall be considered accepted for consideration on the day the applicant submits all the necessary, correctly filled-out documents specified by the Law and the present Statute.

5.         Applications for changing citizenship by registration and documents appended to them shall be considered on the territory of the Russian Federation by the Ministries of Foreign Affairs of the republics of the Russian Federation, administrations (main administrations of internal affairs of the krays, oblasts, cities under federal jurisdiction, autonomous oblast, and autonomous okrugs, and outside the Russian Federation-by consular institutions. These organs shall be authorized to make decisions regarding applications.

In exceptional cases when an individual with the right to acquire citizenship in the Russian Federation by registration is unable to submit the application for citizenship personally in his place of residence, the Commission on Questions of Citizenship under the president of the Russian Federation (hereinafter referred to as Commission) shall have the right to instruct organs in charge of citizenship matters to document the citizenship of this individual in the place where ha is temporarily located.

6.         Petitions of individuals residing on the territory of Russia and other necessary documents along with the conclusions of the territorial organs of the Federal Counterintelligence Service of the Russian Federation and local internal Affairs organs shall be sent by the Internal Affairs Ministries of the republics of the Russian Federation and internal affairs administrations (main administrations) of the krays, oblasts, cities under federal jurisdiction, autonomous oblast, and autonomous okrugs to the Ministry of Internal Affairs of the Russian Federation, which shall send all materials along with its conclusion to the Commission and Federal Counterintelligence Service of the Russian Federation, which shall present its conclusion directly to the Commission.

Petitions of individuals residing outside the Russian Federation along with the necessary documents and conclusions of consular institutions shall be sent to the Ministry of Foreign Affairs of the Russian Federation, which shall present them along with its conclusion to the Federal Counterintelligence Service of the Russian Federation. The Federal Counterintelligence Service of the Russian Federation shall enter its conclusion and send all materials to the Commission.

7.         The time period for consideration of applications and petitions in local internal affairs organs and territorial organs of the Federal Counterintelligence Service of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Counterintelligence Service of the Russian Federation, consular institutions, and the Ministry of Foreign Affairs of the Russian Federation must not exceed one month in each of these organs.

8.         When submitting applications and petitions on questions of citizenship, except regarding its recognition and cases envisioned by Part 2 of Article 20 of the Law, a state duty shall be collected, whose amount shall be established by legislation of the Russian Federation.

II.Procedure for Filling Out Documents Pertaining to Questions of Citizenship

Applications and petitions and also documents appended to them must be filled out in keeping with Articles 38 and 39 of the Law.

The forms of applications and petitions shall be established by the Ministry of Internal Affairs of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation.

Acquisition of citizenship as a result of recognition

1.         For individuals permanently residing on the territory of the Russian Federation on the day the Law takes effect and who have a passport of a citizen of the USSR, submission of applications for documentation of citizenship in the Russian Federation shall not be required.

Until the introduction of the identification card and the passport of a citizen of the Russian Federation, documents confirming citizenship in the Russian Federation shall be: the passport of a citizen of the USSR with an indication of citizenship in the Russian Federation or a passport of a citizen of the USSR with an insert attesting to citizenship affiliation in the Russian Federation; the passport of a citizen of the USSR with a residency stamp for the place of residence confirming permanent residence on the territory of Russia as of 6 February 1992; a birth certificate, or an identification certificate (military identification card) of a military serviceman with an insert for it indicating citizenship affiliation in the Russian Federation.

The procedure for issuing documents attesting to citizenship affiliation in the Russian Federation shall be established by the Ministry of Internal Affairs of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation.

2.         Military servicemen indicated in Point 3 of the Decree of the Supreme Soviet of the Russian Federation of 17 June 1993 "On Enacting the Law of the Russian Federation ‘On Making Changes and Additions to the Law of the RSFSR "On Citizenship in the RSFSR," ‘" shall be recognized as citizens in the Russian Federation in keeping with Article 13 of the Law if they were in the service as of 6 February 1992.

Acquisition of citizenship by birth

3.         Parents with different citizenship when selecting the citizenship of a child shall upon its first birthday submit to the internal affairs organs or consular institution in the place of residence a copy of the child's birth certificate and written consent to the choice of its citizenship.

A change in the citizenship of a child under 18 years of age, one of whose parents has citizenship in the Russian Federation and the other-different citizenship, may be effected upon application from the parent on the basis of Point "a" of Article 18 or Point "b" of Part 1 of Article 23 of the Law.

A change of the citizenship of a child under 18 years of age who is under foster care or guardianship, in the event of the death of the parents, shall be carried out upon the receipt of petitions from the foster parents or guardians.

Acquisition of citizenship by registration

4.         Individuals to whom the provisions of Article 18 of the Law apply, upon acquisition of citizenship in the Russian Federation, shall submit to internal Affairs organs or consular institutions in their place of residence the following documents, depending on the circumstances in each specific case:

-an application;

-a copy of the birth certificate;

-a document or property documented testimony confirming that the spouse or an immediate relative has citizenship in the Russian Federation;

-a document confirming that the parents had citizenship in the Russian Federation in the past.

If there are minor children, depending on the circumstances envisioned by the Law, the following shall also be submitted:

-copies of certificates of marriage, birth of children, and deprivation of parental rights; written consent from interested parties to change the citizenship of the child, including the consent of the child from 14 to 18 years of age.

5.         The term used in Point "d" of Article 18 of the Law, "citizen of the former USSR," shall be applied to individuals who are not citizens of states of the former USSR. After the expiration of the period of effect of this point the aforementioned category of individuals on the territory of the Russian Federation shall be moved to the category of individuals without citizenship.

6.         Citizens of the former USSR with the status of refugee shall acquire citizenship in the Russian Federation by registration in keeping with Point "d" of Article 18 of the Law after determination of the place of residence on the territory of the Russian Federation according to the procedure established by the Law.

Acquisition of citizenship as a result of acceptance

7.         Foreign citizens and individuals without citizenship shall submit to internal affairs organs or consular institutions in the place of residence:

-a petition addressed to the president of the Russian Federation;

-a document confirming residence on the territory of the Russian Federation for the period required by law;

-in the presence of circumstances granting the right to reduction of the period of residence required by the Law right down to the removal of the requirement for permanent residence on the territory of Russia-documents confirming the facts indicated in parts 2 and 3 of Article 19 of the Law.

If there are minor children, depending on the circumstances envisioned by the Law, the following shall also be submitted:

-copies of certificates of marriage, the birth of children, and deprivation of parental rights;

-written consent from interested individuals to the change of the citizenship of the child, including the consent of children from 14 to 18 years of age.

8.         Individuals with the passport of USSR citizen who reside permanently outside the former USSR and were not citizens of the RSFSR shall acquire citizenship in the Russian Federation as a result of acceptance in keeping with Article 19 of the Law.

Acquisition of citizenship as a result of restoration

9.         Individuals to whom the provisions of points "a" and "b" of Part 1 of Article 20 of the Law apply shall submit the following documents in their place of residence:

-an application;

-copies of certificates of birth, adoption, or establishment of foster care or guardianship;

-documents confirming the holding of the applicant or his parents of citizenship in the Russian Federation in the past, and in the absence of these documents-properly documented witness testimony.

If there are minor children, depending on the circumstances envisioned by the law, the following shall be presented:

-copies of certificates of marriage, birth of children, deprivation of parental rights;

-written consent from the individuals involved to the change of the citizenship of the child, including the consent of children from 14 to 18 years of age.

10.       Former citizens of the Russian Federation, that is, citizens of the former USSR, residing on the territory of Russia immediately before departing for permanent residence outside the former USSR before the enactment of the Law who are considered to be restored to citizenship in the Russian Federation in keeping with Part 2 of Article 20 of the Law shall submit to internal affairs organs or consular institutions in their place of residence in order to obtain a passport:

-an application with the presentation of circumstances known to the applicant that causes deprivation or forfeiture of citizenship;

-a document confirming permanent residence on the territory of Russia directly before departure for outside the former USSR and a notarized copy of the certificate of birth on the territory of Russia.

If necessary, information about deprivation of citizenship or forfeiture of citizenship by applicants against their will may be requested from the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, or the Federal Counterintelligence Service of the Russian Federation.

11.       Individuals to whom Parts 1 and 2 of Article 20 of the Law do not apply shall submit to internal affairs organs or consular institutions the following documents:

-a petition addressed to the president of the Russian Federation;

-documents confirming the applicant's holding of citizenship in the Russian Federation in the past.

Withdrawal of citizenship by petition

12.       Citizens of the Russian Federation residing on the territory of Russia shall submit to internal affairs organs in their place of residence;

-a petition addressed to the president of the Russian Federation;

-copies of certificates of birth and marriage of the applicant;

-a personal declaration of the absence of unfulfilled property obligations to individuals or legal entities of the Russian Federation.

Citizens of draft age petitioning for withdrawal from citizenship shall submit a certificate from the military commissariat to the effect that they have not been sent a notice calling them up for active duty.

If the applicant petitions at the same time for withdrawal of minor children from citizenship in the Russian Federation, depending on the circumstances envisioned by the Law, the following shall be submitted:

-copies of certificates of birth, the establishment of foster care or guardianship, or deprivation of parental rights;

-written consent from the parties to terminate or retain the citizenship of the child if one of the parents or guardians a citizens of the Russian Federation;

-written consent to the change of citizenship of children from 14 to 18 years of age.

Withdrawal from citizenship by registration

13.       Citizens of the Russian Federation residing on its territory shall submit to internal affairs organs in their place of residence:

-an application;

-documents confirming that the applicant's spouse or one of his parents or children holds different citizenship;

-copies of certificates of birth and marriage;

-a personal declaration of the absence of unfulfilled property obligations to individuals or legal entities of the Russian Federation.

Citizens of draft age who have submitted an application for withdrawal from citizenship shall also submit a certificate from the military commissariat to the effect hat they have not been sent an active duty draft notice.

14.       Citizens of the Russian Federation residing outside the Russian Federation shall submit to consular institutions in their place of residence:

-an application;

-copies of certificates of birth and marriage;

-a personal declaration of the absence of unfulfilled property obligations to individuals or legal entities of the Russian Federation.

If the applicant requests to register at the same time the withdrawal of minor children from citizenship in the Russian Federation, depending on the circumstances envisioned by the Law, the following shall be submitted:

-copies of certificates of birth of the children, the establishment of foster care or guardianship, or deprivation of parental rights;

-written consent from the parties to the termination of the child's citizenship if one of the parents or guardians remains a citizen of the Russian Federation;

15.       Applications for withdrawal from citizenship in the Russian Federation of individuals who have gone outside Russia to stay temporarily shall be accepted for consideration after the resolution according to the established procedure in consular institutions or internal affairs organs of the issue of whether they will retain permanent residence outside Russia upon return to the territory of the Russian Federation.

III.Revocation of a Decision on Acceptance to Citizenship

Upon the establishment of the fact, confirmed by a court decision, of the acquisition by an individual of citizenship in the Russian Federation based on information that is known to be false or false documents, the Ministry of Internal Affairs of the republic of the Russian Federation, the local administration (main administration) of internal affairs, or the consular institution shall hand down a conclusion which shall be sent, along with the materials on the acceptance of the given individual to citizenship in the Russian Federation, to the Ministry of Internal Affairs of the Russian Federation or the Ministry of Foreign Affairs of the Russian Federation, respectively, and then to the Commission.

IV.Filling Oct Materials on Holding of Citizenship in the Russian Federation

1.         The determination as to whether individuals residing on the territory Russia hold citizenship in the Russian Federation shall be made by internal affairs organs, and for individuals residing outside Russia-by consular institutions upon personal application from these individuals or on the initiative of state organs in cases when where are doubts about their holding citizenship in the Russian Federation.

Along with the verification and establishment of the citizenship of the parents, the citizenship of their minor children shall also be verified and established.

2.         In keeping with the results of the determination of the holding of citizenship, internal affairs organs and consular institutions shall hand down substantiated conclusions which shall be reported to the interested individuals or state organs on whose initiative the verification of citizenship was conducted.

V.Procedure for Execution of Edicts of the President of the Russian Federation on Citizenship

1.         The Ministry of Internal Affairs of the Russian Federation and the ministry of Foreign Affairs of the Russian Federation upon receipt of edicts on citizenship from the president of the Russian Federations hall notify the organs that submitted these petitions within a week's time for further execution.

Applicants shall be informed of decisions adopted on petitions within two weeks of the day the corresponding information was received.

2.         The Ministry of Internal Affairs of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation shall submit to the Commission information on the execution of edicts of the president of the Russian Federation on citizenship each semester. The lists of individuals for whom acquisition or termination of citizenship in the Russian Federation has been registered shall be submitted by the Ministry of Internal Affairs of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation to the Commission each quarter.

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