Russian citizenship

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Russian passport

The Russian citizenship determines that a person belongs to the state association of Russia in the borders with the associated rights and obligations. Starting with the Tsarist Empire until 1917, followed by the Soviet Union (USSR) until the Russian Federation formed in 1991.
The Soviet domestic passports ( pasport ), which served as an identity card, each also showed a “nationality”. The defunct Soviet republics have derived their own regulations from this, with the Baltic republics in particular having issued highly discriminatory provisions with regard to ethnic Russians.

The current Federal Law of the Russian Federation (RSFSR) on Citizenship is the one enacted in 2002. It was changed many times.

Tsarist empire

Since the 16th century it was customary for people who wanted to become subjects of the Tsar to be baptized Orthodox . It was only Peter the Great who introduced an oath of oath. Apart from that, the naturalization ( Russian укоренение ukorenie ) was handled by the regional authorities without more precise regulations until 1864. Jews, dervishes, Jesuits and women separated from their husbands were not naturalized.

In 1834, Count Speranski organized the compilation of a legal code for the entire empire. It was published in the 15-volume collection Swod Sakonow , which was then gradually expanded for changes. In general, the most recent text of a regulation in this corpus was the binding, applicable legal text. For a subject ( подданный poddannyj ), before the peasant liberation in 1861, belonging to a class was the most important aspect of his place in society. A full-fledged Russian ( russki ) also had to confess to the orthodox church. Before 1870, the law required children from mixed marriages to be baptized Orthodox.

Russian Turkestan around 1900.

Until 1856, permits for foreign travel ( zagranpasport ) were difficult to obtain for Russian subjects. For Russian Poland and the Grand Duchy of Finland , partly different regulations applied. One became a Finnish citizen u. a. by entry in the corresponding city registers.

Towards the end of the long Caucasus War , at the beginning of the 1860s, Russia offered some of the defeated Muslim tribes to move to the Ottoman Empire or to move to the Kazan region as Russian subjects . The Muslim inhabitants of the khanates of Central Asia conquered in the 1860s were also Russian subjects, but they had a special status. So it was seen as inopportune for them to do service with the weapon.

Fled serfs ( побег pobeg ) were considered deserters and were severely punished accordingly. After the peasants' liberation, this continued to apply to people who stayed abroad for more than five years without a permit. The possessions of noblemen were then confiscated, members of the simple classes found themselves in Siberia very quickly on their return.

In principle, emigration was hostile to emigration before 1880, after which the bureaucratic process remained lengthy and very expensive. This was even more true if one wanted to obtain permission to discharge from subject status.

It must be borne in mind that until the establishment of Soviet power, the tsarist empire was governed autocratically and freedoms, especially with regard to freedom of movement, were limited for non-nobles.

Swod Sakonov

The rules on foreigners and the acquisition of Russian subjects were compiled in Volume IX, Book I, Part 6 of the Swod Sakonov Collection . The legal text of 1857 experienced a far-reaching relaxation on July 10th . / February 22, 1864 greg. . The "status of foreigners" ( Russian Состояніє иностранцевъ Sostojanіє inostranzew " ) was regulated in §§ 990-1031, with §§ 1110 and later specifically containing the naturalization regulations. § 1031 was a special provision for the Caucasus.

Certain special rules that privileged colonies of foreigners were found in Volume XII, Part 2.

The new edition in 1876 mainly contained editorial changes. Smaller modifications until the 1890s affected areas on the edge of the empire, such as B. the coast of Murmansk or the restriction of the naturalization of Koreans and Chinese in the Amur region.

Acquisition of subject status from 1864
  • By birth: legitimate children of a Russian couple or illegitimate children of a Russian mother.
  • Children born in Russia of foreigners who entered the Russian civil service.
  • Foreign women who marry a Russian with the marriage. They also stayed as a widow or divorced Russian.
  • Russian women who had lost their subordinate status through marriage could, as widow or divorcee, receive a certificate from the head of the governorate in which they lived, upon presentation of appropriate documents, which was considered as proof of readmission. For Jewish women this only applied if they had not left Russia for marriage purposes.

Contrary to international practice, acquisition through acknowledgment of paternity, adoption or automatically when accepting a civil service position was not provided. Also, a long stay was not possible.

naturalization

Foreigners who wanted to settle in Russia had to obtain permission from the head of the governorate. Five years after they were issued and resided in the country, they could apply for naturalization. The interior minister made the decision at his own discretion. The following was to be submitted:

  • a curriculum vitae listing the previous whereabouts and occupations in the country
  • Explanation of which class and which religious group you wanted to belong to.
  • Notarized civil status documents from the home country and, if necessary, a certificate of military service there.

In certain cases the waiting time could be omitted (foreigners in the civil service, deserving personalities, etc.). Naturalizations automatically extended to the wife, but not the minor children. If they were of legal age, they could also apply for naturalization within one year of their parents. After approval, an oath of subjects was always to be taken, the certificate of which the naturalization certificate.
From 1890 foreigners were only allowed to work in the civil service with a special permit.

New residents were tax-exempt for two years.

The naturalization of married women without their husbands, for Jews (relaxed in 1890) and minors (under 21) remained in principle forbidden.

loss

A Russian woman who married a foreigner lost her subordinate status with the wedding. Prior to 1864, she had any land property to sell within three years.

Persons who had become subjects of Russia before the law of 1864 came into force could then, by declaration, revert to their previous citizenship, provided that no criminal proceedings were pending and they had paid their taxes and personal debts. The same applied to Asians willing to return home, who had automatically become Russian subjects through immigration.

Dismissal on request ( uvol'nenie iz poddanstava ), e.g. B. in order to be allowed to take a foreign citizenship, was completely at the discretion of the ruler. In any case, the question of military service had to be clarified for people aged 15 and over.

Constitution 1906

The short-lived basic state laws of the Russian Empire contained in Chapter V (§§ 53-6) the text of the oath to be obeyed by all male citizens. Chapter VIII guaranteed certain civil rights for the first time, freedom of movement not one of them.

During the First World War, a good half of the hostile foreigners residing in the country were interned and / or deported to the interior of the country (this also affected thousands of Asian “spies” in Siberia). They were banned from naturalization, as were neutrals who came after the start of the war. From 1915 it was customary for men who were now Russian subjects to be drafted into the army immediately.

Assigned areas

In the Treaty of Portsmouth , Russia ceded the Kuriles and southern Sakhalin to Japan. The Russians concerned were given a two-year option period. Those who did not want to become a Japanese subject there had to resettle within this period.

Soviet Union

Soviet national identity card from 1947 for Leonid Ilyich Brezhnev , with the note of his Ukrainian nationality under item 3.

The Soviet constitution of 1924 stipulated in Article 7 that there should be a uniform Union membership. Both partners in a mixed marriage were now autonomous on questions of nationality.

During the construction years, people were generous with regard to naturalizations. If the person's class background was right, they were done without any problems. All that was needed was a bilateral application to the local Soviet, which sent a report to the People's Commissariat for Internal Affairs. At the same time, the 1918 constitution created the status of class enemy ( Russian лишенец lischenez ) that existed until 1936 . This included exploiters such as traders, brokers or rentiers, clergymen as well as tsarist police officers and professional officers. They had no right to vote and were excluded from civil service and, from 1924, from working in collective farms and cooperatives. If they had proven themselves to be working people in the eyes of the central executive committee, they could become full citizens.

Around ½ million Russians, mainly former prisoners of war and white troops, had returned home by 1923. Around 300,000 people of Armenian descent moved from Turkey. There were also around 20,000 Karelians . In 1926 it was decided to naturalize en masse many of the 168,000 or so Korean refugees in the Far East .

From 1926, naturalizations were handled more restrictively. In 1930–32, 42,000 qualified people were recruited abroad.

Citizenship Act 1924

The first Soviet citizenship law was only passed on October 29, 1924. The responsibility to decide questions of citizenship lay with the central executive committee of the republic or the Union.

A citizen was defined as anyone living on the territory of the Soviet Union ( ius soli ), unless they had proven that they were a foreigner.

Regardless of the place of birth, every child became a Soviet citizen from birth if both parents had this status (principle of descent ). If only one parent was a citizen of the Soviet Union, this only applied to birth in the USSR. If the birth took place abroad, the parents had to agree in a mixed marriage.

Getting married no longer had an impact on the partners' citizenship. Those marrying in could be naturalized in a simplified procedure. Changes in the nationality of one of the parents did not affect underage children. If both spouses changed nationality, this also affected children up to 14.

The naturalizations of oppressed foreign working class workers who had fled to the workers 'and peasants' paradise for political reasons could be carried out by the Central Committee of the Governorate ( Russian губе́рния gubernija ) or Oblast . Regulations should be made at republic level for immigrants in industry and agriculture. Foreigners living in the country, insofar as they belonged to the working class, were accorded the same political rights as nationals.

loss

You could lose your citizenship:

  • by approved discharge (proof that this did not result in statelessness was not necessary until 1977)
  • through an option based on an international treaty (see below)
  • as punishment: deprivation by court order or by a decision of the government of one of the republics that was publicly announced before July 6, 1923
  • Non-return to the country despite official request

Expatriation of emigrants and "white Russians"

The Council of People's Commissars decreed on Dec. 15, 1921 that the following persons automatically lose their citizenship:

  • Anyone who stayed abroad for more than five years and had not applied for a Soviet passport by June 1, 1922.
  • who, apart from the aforementioned, was abroad and had not registered with a representation.
  • who left the country after November 7, 1917 without permission.
  • who had opted for another citizenship in accordance with the agreements concluded.
  • who had taken up arms against the Soviet power or was active in counter-revolutionary activity.

Regarding the last point, however, there were return initiatives in 1921/22 that allowed teams and non-commissioned officers of the white armies to return home before May 1, 1922 with impunity. They and any family members were checked for their ideological reliability and were not allowed to live closer than 200 weres to a state border.

The ordinance created about 1½ million stateless persons. It was believed that statelessness was a problem that the receiving state had to solve by means of its domestic law.

Especially in Harbin , Manchuria , Russians formed the largest population group. Thousands lived in the inter-war period as dregs of society in Shanghai's foreign concessions. As the Japanese increased their power in Manchuria after 1931 , requests for return permits became more frequent.

Those who remained in Manchuria, Shanghai and Japan were able to (re-) acquire Soviet citizenship from 1946 by speaking to the responsible consulate.

Domestic passports

Soviet ID from 1926, with the note that a passport was issued in 1933.
Soviet domestic passport from 1959 with residence permit (in Russian and Bashkir languages).

Freedom of movement in the country was controlled in 1917–91 by the system of residence permits ( Russian пропи́ска propíska ), work books and military service certificates ( wojenny bilet ).

In the system of domestic passports introduced in 1933/6, the holder's “nationality” ( национальность nazionalnost ) was also mentioned. This had no direct impact on EU citizenship, but was later used in matters of emigration, e.g. B. of ethnic repatriates and Jewish emigrants to Israel of importance. After the collapse of the USSR, the entry could be of decisive importance as to whether a Soviet citizen received full citizenship of one of the successor republics. The identity cards remained valid until 2002 as evidence of the new Russian citizenship.

International treaties

Due to the war, around six million tsarist subjects had had to change their place of residence, some of them hastily, since 1914. From 1918 onwards, the newly independent states in the Baltic States and Poland had to incorporate a strong ius soli for returnees into their new citizenship laws. The most far-reaching were in Latvia and Poland . With regard to the Baltic states, treaties regulated the options for those living in the other country.

The general rule was that optants had to go to their chosen country. This also applied to the treaties concluded in the treaty with the Ottoman Empire for the regions of Kars and Batumi. The security organs had the right to review and refuse before approving the release from citizenship; Rejections e.g. B. with soldiers were common. There was an upper limit for asset takeover. Many refugees who did not have proof of residence on August 1, 1914, fell through the network and became stateless. For Lithuanians and Estonians in particular, there were deportations until the end of 1922. Estonia also refused to accept options from communists and Jews, rendering them stateless.

The agreement with Mongolia of October 3, 1924 on the departure of thousands of Buryats implemented corresponding resolutions of the Central People's Committee of the USSR of September 27, 1923 and the Mongolian government of July 18, 1923.

The Soviet Union has never acceded to the Conventions on the Status of Stateless Persons and Conventions for the Reduction of Statelessness . Of their legal successors, only four or five small republics had done so by 2019.

Citizenship Act 1938

The Soviet Constitution of 1936 affirmed Union citizenship in Article 21. The nominally still existing republican nationalities were of no practical importance.

The Citizenship Act of 1938 was more oriented towards the principle of descent. It was very short with only eight articles. Not exactly specific points were decided at the administrative level. In the case of foundlings, it was assumed that they were Russians from birth. Anyone living in the territory of the USSR without being a Soviet citizen and not proving that they were a foreigner was now considered stateless.

The regulation on births abroad fell away. Simplified procedures were now only possible in individual cases by special ordinance. The change in law also resulted in foreign working class residents losing their voting rights.

The reason for loss of living abroad for five years without a Soviet passport had been discussed but was not written into the law. Release from citizenship upon application could only be granted by the Supreme Soviet. Withdrawal by court ruling or by special decree of the Supreme Soviet, no longer of the Executive Committees of the republics, remained possible in individual cases.

Armenians who returned to the Soviet Republic of Armenia in accordance with the regulations of October 21, 1945, received Soviet citizenship again on the day of their arrival. Weddings between foreigners and Soviet citizens were forbidden from 1947 to 1953.

Avoidance of dual statehood

The Soviet Union concluded agreements to reduce dual statehood with several brother countries. B. Mongolia and North Korea .

These contracts differ in details. In general, however, those affected are given an option period for one of the two nationalities. The two countries exchanged corresponding lists of names via diplomatic channels at fixed intervals. The change of citizenship came into effect after this notification. Some agreements also provided for a right of objection for the relinquishing nation, possibly within a specified period (3 months or one year).

Territories gained

Poland

After the Polish state collapsed on September 17, 1939, the Soviet power began to organize new West Ukrainian and West Belarusian districts. After elections for the people's assembly on October 22nd, the residents were given the opportunity to attend the 1./2 November 1939 granted Soviet citizenship by decree, with the exception of the Vilna area, which was ceded to Lithuania.

Baltic states

Between September 1939 and June 1941, the Soviet Union and the German Reich cooperated to relocate the Baltic Germans to the German Reich. Those affected were not asked.

After the government of Lithuania had formally asked for a Soviet troop contingent on June 15, 1940, Estonia and Latvia followed suit two days later. In the referendums that followed in August, the majority of the population was in favor of affiliation. The ordinance of Sept. 7, 1940 extended the scope of the Nationality Act accordingly. This also applied to the expatriated on December 15, 1921, as well as the discriminated minorities to whom the Baltic states had denied civil rights. It also applied to the residents of the ceded Vilnius area.
Balts living abroad were allowed to register in consulates until November 1, 1940. For those living in Latin America who had missed the deadline, the ordinance of April 30, 1948 allowed a grace period until July 1, 1949.

A separate ordinance was issued in 1947 for Lithuanians who had lived in Memelland on March 22, 1939 .

Bessarabia 1941

The validity of the Soviet citizenship law was extended to Bessarabia and Bukovina by a decree of March 8, 1941. The Bessarabian Germans were also resettled in the German Reich from 1941.

Karelia

As a result of the winter war of 1939/40, a large part of the Finnish residents left the Karelia region . After the Peace of Moscow , around four hundred thousand residents, or eighty percent of the population, took advantage of the option to move to Finland. Those who remained became citizens with the establishment of the Karelo-Finnish Soviet Socialist Republic .

Carpathian Ukraine

Czechs and Slovaks who lived in the Karpatho-Ukraine regions affected by the swap of territory in 1946 were given the option to leave the country, which also meant they lost their Soviet citizenship. In return, Russians and Ukrainians entering the country became Soviet citizens by law.

Sinkiang

In the interwar period, around 300,000 people of Central Asian origin, mostly Kazakhs and Kyrgyz people who were still partially nomadic at the time, came to the Chinese region of Sinkiang . Between 1926 and 1945, the warlord era, the region was practically free of government and Soviet influence increased. The treaty of August 14, 1945 recognized the sovereignty of the Kuomintang government. At this point around 200,000 of the "refugees" had returned. After the Chinese government labeled Khrushchev a revisionist in late 1959 , those who remained became the subject of disputes between the two states.

Emigration of Jews

The 1959 entry and exit regulations were changed in 1970 so that Jews were given special treatment. These were allowed to emigrate officially “for family reunification” under easier conditions. In the 1970s a good ¼ million of the 2.2 million people of the Mosaic faith left the country. Before leaving, they had to give up their Soviet citizenship, i.e. they were de jure stateless, but since they had an automatic right to immigrate in Israel , this was hardly a problem.

Citizenship Act 1978

The new Soviet constitution of 1977 contained chapter 6: “Citizenship of the USSR; Equal rights for citizens “The new law passed the following year was much more detailed than its predecessor, with 29 articles. It was again expressly determined that every member of a republic is also a Soviet citizen. It came into force on July 1, 1979.

A department of the Presidium of the Supreme Soviet prepared decisions on naturalization, resumption and dismissal applications . The applications were forwarded to this by the regional OWIR services. The consular department of the Ministry of Foreign Affairs and the state security organs made comments. A committee of the Presidium then issued a decision on acceptance or rejection. Discharge and aureis permits were therefore still decided with a wide margin of discretion at the administrative level; there are no legal rules that go beyond the general information in Chapter V.

Article 160 of the Family Code, which was revised on June 27, 1968, revived the provision of 1924 on the acquisition of citizenship for children born abroad in mixed marriages. Whether a child born in a mixed marriage abroad became a Soviet citizen from birth now depended on whether one of the parents continued to reside in the USSR. Marriage and / or divorce do not affect a partner's citizenship in any way. For the first time, provisions on the legal consequences of adoptions were included in the law.

The prohibition of dual statehood is expressly mentioned for the first time. What was new was that stateless children born in the Soviet Union were granted citizenship from birth. A long stay abroad no longer resulted in the (automatic) loss of citizenship. Naturalizations were still possible even if they lived abroad.

If there was a change in the citizenship of both parents, this automatically also applied to children up to the age of 14. If they were 15-18 years old, they had a say. If only one parent became a Soviet citizen, he / she could request that the naturalization extends to children (up to 14). If only one parent lost their Soviet citizenship, this did not apply to children.

Citizenship Act 1990

The Citizenship Act of 1990, which came into effect on Jan. 1, 1991, was very detailed.

The withdrawal was made more difficult, and there was a new option of revocation in the event of false information in the naturalization procedure. Dual statehood remained prohibited. Reasons for loss were five years abroad without registration at the responsible consulate as well as employment in a foreign state security organ or in the military.

Russian Federation

Russia acceded to the Convention on the Status of Refugees in 1993.

Citizenship Act 1991

The new Russian Citizenship Act, passed on Nov. 28, 1991, resulted in an extremely liberal ius soli. After the collapse of the Soviet Union , according to Article 13, all former Soviet citizens and persons with permanent residence (owners of a propíska ) who had their main residence in Russia on February 6, 1992, were Russian citizens. Citizenship was revoked from people who gave a waiver within one year. Former Soviet citizens or permanent residents nevertheless became Russian citizens if they had left the country for education, work or personal reasons.

In order to do justice to Article 15 of the Human Rights Charter, the rules on the withdrawal of citizenship were waived.

Former Soviet citizens born on December 30, 1922 or later, but never RSFSR citizens , were still considered as such. The reason for this was a lawsuit by a native Russian who later moved to Lithuania with his parents and was refused Russian citizenship after re-entering the Russian Federation.

In general, Russian citizenship could be obtained in the following ways:

  • by birth, analogous to the rules of 1978
  • by registration, parentage or option:
    • within 5 years of coming of age if the person was born into another nationality or his parents had given up Russian citizenship before his birth
    • until the end of 2000: former Soviet citizens who moved back to Russia after Feb. 2, 1992
    • Stateless persons who were residing in Russia on the Effective Date or September 1, 1991 in any of the Soviet Republics
    • within one year of entry into force: descendants of former Soviet citizens regardless of place of residence
  • by naturalization: adults with at least five years of age, the last three of which are permanent, reside in Russia
  • through restoration on the part of the official

Release from citizenship is refused as long as criminal proceedings are pending or military service has not yet been completed.

However, some of the points only applied to former Soviet citizens. For residents of the "near abroad", i. H. the CIS had special rules. An estimated thirty million Russians lived in these republics in 1991.

From 1993 to 2001 there were programs to accelerate the integration of displaced persons; H. Russian-speaking residents who had made life difficult in the new republics. Of the 728,000 people who had "returned home", almost 555,000 were naturalized at an accelerated rate at this time.

Dual statehood was permitted with approval from 1991–93, and from 1994 onwards generally for countries with which there was a reciprocal agreement. The Union Treaty with Belarus in 1999 created “Union citizenship” in the sense that both states grant each other complete equal treatment in their territory, which is not always implemented at the administrative level.

Citizenship Act 2002

At the initiative of Vladimir Putin , a new law was passed in 2002, replacing the old one from 1991.

One of the main objectives of the reform was to curb the number of migrant workers and economic refugees from the Central Asian republics, primarily Uzbekistan and Tajikistan . First of all, the (re) naturalization for Russians from the former Soviet republics was made easier, but since 2009 this has become much more cumbersome. The most important change was the restriction of the place of birth principle to children of former Soviet citizens born on the territory of the Russian Federation as well as foundlings and children of stateless persons.

Accordingly, Russian citizenship can be obtained depending on the following criteria:

  • by birth (subject to conditions for mixed marriages)
  • through naturalization, provided that the person to be naturalized has lived in Russia for more than five years with a residence permit, has not committed any criminal offenses, has a stable income, is healthy, gives up his previous citizenship and speaks Russian. The bureaucratic procedure is cumbersome, the assessment of the numerous required documents is petty.
    • The waiting time is reduced to 3 years:
      • for foreign spouses
      • Severely disabled or incapable of working parents who have children of legal age with Russian citizenship
      • severely disabled or stateless foreigners who lived permanently in the country before it came into force
      • Foreigners who are the parent of a Russian citizen
      • Citizens of former Soviet republics who served this period in the Russian military.
    • The waiting time is reduced to 1 year:
      • for recognized refugees
      • Highly qualified scientists and others who are particularly important for Russia
  • by restoration, after 3 years in the country
  • by parentage

Naturalizations of married couples (same-sex marriages are prohibited) extend to underage children up to 14, young people from 15 have the right to choose. As of September 1, 2017, adults have had to take an oath of loyalty at the naturalization ceremony.

Legislative changes since 2003

Smaller legislative changes in 2003 and 2008 allow easier (re) naturalization for World War II veterans and for people who had received a higher education in the country during the Soviet era.

Dual citizens living in Russia and persons with the right of permanent residence in a third country have had to report this since 2014. The 2020 constitutional amendment excludes this group of people from holding high state offices or as judges.

In exceptional cases, the Russian President can dispense with conditions, for example on January 3, 2013 when Putin made the French actor Gérard Depardieu a Russian citizen by decree. Otherwise, top athletes in particular benefit from such measures.

In 2014, the introduction of a citizenship purchase was discussed for investors who would have had to bring at least ten million rubles, then around € 250,000, into the country over three years. Foreign graduates from a Russian university who had worked in the country for three years would also be naturalized after this shortened waiting period. The rules that were ultimately adopted are very differentiated. Naturalization is possible after three years, although the permanent residence requirement may be waived.

In 2017, around 2.6 million Ukrainians lived in Russia. Their naturalization was made easier by administrative instructions, and approving documents from home were dispensed with. At the end of 2017, a good 600,000 applications from this group of people were pending.

An immigration concept announced at the end of 2018 is intended to simplify bureaucracy for returnees by 2025, giving preference to professionals and people who agree to live in Siberia.

Pridnestrovian Moldavian Republic

See Moldovan citizenship, Pridnestrovian Moldovan Republic .

Crimea

In the referendum on the status of Crimea in March 2014, 95.5% voted for reunification with Russia. According to the Law on Reunification of March 20, 2014, all residents, including stateless persons, became Russian citizens. Offices were set up in cities where those affected could declare that they wanted to keep their Ukrainian citizenship. Around 3500 people (0.15%) made use of this. Ukrainians who did not do so within the legal deadline can apply for release from Russian citizenship through the normal official channels.

Lugansk and Donetsk

Russia has recognized domestic passports of the Lugansk and Donetsk People 's Republics since 2017 . Their citizens have been receiving Russian (travel) passports without hesitation since 2019, as well as z. B. Poland has been granting passports to its fellow citizens in Ukraine since 2009.

See also

literature

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  • Гессен, В.М. ; (Gessen, Vladimir Matveevich, 1868-1920); Подданство, его установленіе и прекращеніе Poddanstwo, ego ustanowlenіe i prekrachtschenіe ; St. Petersburg 1909
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  • Ginsburgs, George; Soviet Citizenship Law; Leiden 1968 (Sijthoff)
  • Ginsburgs, George; Citizenship law of the USSR; The Hague 1983 (Nijhoff); ISBN 9024728630 ; [On the new law of 1978. Review: American Journal of Comparative Law, Vol. 33, p. 744; Answer: Vol. 34 (1986), No. 3, pp. 606-9.]
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  • Kubal, Agnieszka [* 1983]; Immigration and refugee law in Russia: socio-legal perspectives; Cambridge 2019; ISBN 9781108283656
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  • Makarov; Citizenship Law of the Union of Soviet Socialist Republics: Prosecution in international traffic; ZaöRV, Vol. VII, p. 121
  • Maurach, Reinhart [1902-76]; Citizenship Law of the Soviet Union; Königsberg 1942 (Ost-Europa-Verlag)
  • Meder, Walter [1904-1986]; Citizenship law of the USSR and the Baltic States; Frankfurt 1950 (Metzner)
  • Myhre, Marthe Handå; Compatriots into citizens: policies and perceptions of citizenship acquisition in post-Soviet Russia; Oslo 2018
  • Plotkin, MA; Legal status of foreigners in the USSR; Moscow 1934 (USSR Chamber of Commerce); [Chinese exercises : Chinese   外國人 在 蘇聯 的 法律 地位 , Pinyin Wàiguórén zài sūlián de fǎlǜ dìwèi ; Shanghai 1937]
  • Safronov, Vladimir V .; Konstitucija SSSR i sovetskoe graždanstvo; Moskva 1984
  • Salenko, Aleksander; Country Report Russia ; San Domenico di Fiesole July 2012
  • Shevtsov, VS; Grazhdanstvo v Sovetskom Soyuznom Gosudarstve; Moskva 1969 [strongly ext. New edition of the orig. From 1965]
  • Сводъ законовъ Россійской имперіи ( Swod sakonow Rossіjskoj Imperіi ) ; St. Petersburg 1842-1917 ( Печатано в Тип. I: RI. Отдѣленія Собственно Его Императорскаго Величества канцеляріи )
  • Taracouzio, TA; Soviet Citizenship Law of 1938; American Journal of International Law, Vol. 18 (1939)
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Individual evidence

  1. ↑ Further reading: Kembayev, Zhenis; Problems of legal succession from the Soviet Union to the Russian Federation; Archives of International Law, Vol. 46 (2008) No. 1, pp. 106-129
  2. ↑ a b Further information: Zacharov (2017).
  3. ↑ Dmitry Sudakov: Russian children born abroad to be protected from foreign care. May 2, 2012, accessed April 1, 2020 .
  4. ↑ Senate Ukas of Aug. 27, 1747, PSZ I. No. 9434
  5. ↑ In Russian Свод законов… , published from 1835. Official legal texts were published in Полное собрание законов Российской империи (Polnoe sobranie sakonow Rossijskoj., continued from 1885: Tatiana ) from 1885 Digest of Laws of the Russian Empire: The Phenomenon of Autocratic Legality; Law and History Review, Vol. 30 (2012), No. 3, pp. 901-25.
  6. ↑ German translation of the legal texts of this section: The laws applicable in the European states on the acquisition and loss of citizenship with the exclusion of the German Reich Law of June 1, 1870: together with an appendix, containing those in the German federal states before January 1, 1871 nationality laws that have been in force; Berlin 1898, pp. 201-15 ( digitized version ).
  7. ↑ This is the only expression used in the law to describe the relationship between the state and the inhabitants. "Citizen" ( гражданин grashdanin ) is a term that before 1905 can only be found in literature.
  8. ↑ In contrast to B. to the Raskolniki .
  9. ↑ The document of an "inland passport" ( vnutrennii pasport ) issued since 1722 was not a travel document, but a document that defined the (narrow) approved habitat ( состоянии sostojanii ) of a non-noble. This ensured that the peasant collective controlled military service and raised the compensation payments due until 1905 for the liberation of the peasants.
  10. ↑ Further reading: Lohr (2012), chap. 4th
  11. ↑ See the criminal provisions on unauthorized leaving of the fatherland as well as the domestic passport regulations in the criminal law ( Swod Sakonow 1885, Volume XXV, Part I, §§ 325-8).
  12. ↑ Issue 1857: Уставъ о колоніяхъ… In contrast to other naturalizations, responsibility for this group of people lay with the Minister for State Domains ( Министерство государственных имущесtв (Ministerstwo gosudeschennstв ).
  13. ↑ Swod Sakonow, 1899, Vol. IX, Art. 899.
  14. ↑ It was divided into a) European ( prirodnyje podannyje ) with the classes of nobility, townspeople, clergy and peasants; b) Asian subjects ( inorodzy; exempt from military service); c) Jews.
  15. ^ The governors on the Amur and in Turkmenistan were able to make special regulations for Asians.
  16. ↑ This mainly affected the Chinese before the conclusion of the corresponding treaty, as well as Koreans in the border area towards whom the admission policy had changed several times between 1865 and 1900. (Continuing with the two articles by G. Ginsbergs in the Journal of Korean Affairs, 1975, No. 2, pp. 1-19 and 1976, No. 1, pp. 1-16.)
  17. ↑ Russian rules on compulsory military service: Special Volume IV of the Swod Sakonow of 1886. Penal provisions, especially §§ 348-72. Special rules for Cossacks , §§ 456-65.
  18. ↑ A law of October 5, 1906, however, changed the domestic passport regulations in such a way that the restriction of the area of ​​life for farmers ceased to exist and a permanent document was issued instead of the one that had previously only been valid for 5 years. Former convicts, gypsies and m. E. Asians ( inorodzy ) received none.
  19. ^ Art. IX and X: Treaty of Portsmouth
  20. ↑ As early as March 9, 1917, the bourgeois revolutionaries around Kerensky issued an equality decree that abolished any distinction based on class ( сословие soslowije ), nationality and religion. The first fundamental reform in the direction of equality was brought about by the collection of laws ( Кодекс Kodeks ) on civil status, marriage, family and guardianship law of September 16, 1918.
  21. ↑ Law of October 22, 1918.
  22. ↑ Sandifer, Durward V .; Soviet Citizenship; American Journal of International Law, Vol. 30 (1936), No. 4, pp. 614-31. DOI : 10.2307 / 2191124
  23. ^ English translation 1) Flournoy, Richard; A Collection of Nationality Laws of Various Countries, as Contained in Constitutions, Statutes and Treaties; New York 1929 (Oxford University Press), pp. 511-4; 2) Lohr (2012), pp. 201-3.
  24. ↑ The wording was curiously such that a child according to ius soli also became a Soviet citizen if the father was resident in the territory of the USSR at the time of the birth, but the birth itself took place abroad.
  25. ↑ More precisely, with more emphasis on the principle of descent, by ordinances on June 13, 1930, in Сборник законов… (SZ) 1930, No. 34, point 344 and on April 22, 1931, in SZ 1931, No. 34, Item 196 (German translation ZaöRV , Vol. II (1931), p. 739ff.). This repealed on June 2, 1939.
  26. ^ Amnesty ordinance of November 3, 1921.
  27. ↑ Ordinance of November 10, 1945 (Manchuria, application deadline February 1, 1946), amended November 20, 1946 (Shanghai, Tientsin, Sinkiang; application deadline until April 1) and September 26, 1946 (Japan; application deadline 1. Dec. 1946). Should the deadlines not be met, the normal re-naturalization application remained.
  28. ↑ a b c d e f Entire section: Data from United Nations Legislative Series: Laws Concerning Nationality , 1954.
  29. ^ The associated ordinances and administrative instructions were first published in early 1990.
  30. ↑ Трудовая книжка Trudowaja knischka . From 1938 initially only for workers in state-owned companies. Slightly different names over the years. Abolished in 1992. Reintroduced in Russia in 2002.
  31. ↑ Re-introduction of compulsory military service in 1928.
  32. ↑ Colloquially "Point 5" ( пятая графа pjataja grafa ). Decrees of the Council of People's Commissars of December 27, 1932 and April 22, 1933. From 1937 with photo. For a long time only for city dwellers, in villages there were lists of residents ( poselennye spiski ). Changed on September 10, 1940 ( Положение о паспортах Poloschenije o pasportach ) and again on October 21, 1953. New version, including the Propíska rules, by a Council of Ministers resolution on August 28, 1974 (in Postanovlenie Soveta Ministrov SSSR, 28 avgusta 1974 ; No. 677). These remained valid until October 23, 1995, when the nationality was no longer registered ( Ukaz Presidenta RF, March 13, 1997 No. 232). Nationality was not always defined ethnically, but had a connection point in the approved permanent residence ( propíska ). For example, Russians living in Ukraine could well be of Ukrainian nationality. (Further reading: Matthews, Mervyn; Passport and Residence Controls in the Soviet Union; Harvard 1991.)
  33. ↑ See non-citizens (Latvia) and Estonia .
  34. ↑ Until the consolidation of Soviet power, the later republics had also concluded such treaties with regard to their republic membership.
  35. ↑ Ginsbergs, George; Option of Nationality in Soviet Treaty Practice, 1917-1924; American Journal of International Law, Vol. 55 (1981), No. 4, pp. 919-946
  36. ^ Treaty of Moscow (1921) March 16, 1921 and Treaty of Kars . End date for this March 11, 1928, whereby the Turkish side prevented the return of Armenians . Large parts of those areas had only become Russian through the Peace of San Stefano in 1878 . Even then there was an option solution with the possibility of relocation.
  37. ↑ From August 19, 1938. In Ведомости Верховного совета SSSR, No. 11 (September 5, 1938). Also printed in Prawda , Aug. 24, 1938. German translation ZaöRV, Vol. 8 (1938), pp. 801ff.
  38. ↑ Possible as a consequence of a verdict, especially in the case of political crimes (e.g. regulations of February 25, 1927, Art. 2-11 and 13.)
  39. ↑ Ordinance of October 19, 1946.
  40. ↑ Ведомости Верховного Совета СССР , 1958, No. 4.
  41. ^ Lists of all treaties of the USSR: Ginsburgs, George: 1) A calendar of Soviet treaties: 1958-1973; 1981; 2) ... 1974-1980; Leiden 1987 (Nijhoff)
  42. ↑ background Politburo of the Central Committee of the Communist Party of the Soviet Union (Bolsheviks) and sovietization of the Territories Annexed in 1939-1941
  43. ↑ Further reading: Loeber, Dietrich A .; Dictated option. The resettlement of the Baltic Germans from Estonia and Latvia 1939-1941; Neumünster 1972
  44. ↑ Makarov; Incorporation of the Baltic states into the Soviet Union , ZaöRV, 1940, pp. 682-707.
  45. ↑ Vědomosti Verchovnogo Soveta, Sept. 17, 1940, No. 31; German translation: Zschr. für Eastern European Law, NF, Vol. 7, p. 184 ff.
  46. ↑ Agreement between the German Reich government and the government of the Union of Soviet Socialist Republics on the resettlement of the population of German origin from the areas of Bessarabia and northern Bukovina to the German Reich on September 5, 1940.
  47. ↑ Hoffmann, Emil; Thoss, Alfred; The fourth trek: performance u. Return of the Germans from Bessarabia; Berlin 1941 (Nibelungen-Verlag)
  48. ↑ Pampuch, Andreas; Return of the Bessarabia Germans; Breslau 1942 (Schlesien-Verl.)
  49. ^ Ordinance of October 31, 1946 to the July 10th agreement.
  50. ↑ Further information : 1) Аблажей, Наталья Николаевна; Казахский миграционный маятник "Казахстан-Синьцзян": эмиграция, репатриация, интеграция; Новосибирск 2015; ISBN 9785769214363 ; 2) Nazemceva, Elena Nikolaevna; Na diplomatičeskom urovne: problemy pravovogo statusa russkich ėmigrantov v Kitae v sovetsko-kitajskich otnošenijach (1920-1940-e gg.); Sankt-Peterburg 2016; ISBN 9785906860385
  51. ^ Repealed by an exchange of notes on the occasion of the conclusion of the friendship treaties with liberated China on Feb. 14, 1950 ( ZaöRV 1950).
  52. ^ Resolution of the Council of Ministers of September 22, 1970, in force on January 1, 1971. For more information: Ginsbergs, G .; 1) Soviet law and the emigration of Soviet Jews; Soviet Jewish Affairs, Vol. 3 (1973), pp. 3-19; 2) Current legal problems of Jewish emigration from the USSR; Soviet Jewish Affairs, Vol. 6 (1976), Iss. 2, pp. 3-13; 3) Gitelmann (1982).
  53. ^ “On Stripping of Soviet Citizenship Individuals Emigrating from the USSR to Israel” from 1967, repealed on July 1, 1991. Those affected became Soviet citizens again ex lege on this date. SUN10831 (1992-05-01)
  54. ↑ German translation
  55. ^ English translation in Soviet News, 1968, No. 5442, pp. 147-50. In force October 1, 1968. From 1978 onwards, freedom of choice did not apply if the second partner was stateless. In that case, a child automatically became a Soviet citizen.
  56. ↑ No. 1518-1, May 23, 1990, SZ SSSR, I, No. 47.
  57. ↑ Закон РФ от 28 ноября 1991 г. N1948-I “О гражданстве Российской Федерации” , in force February 6, 1992, amended June 17, 1993 and February 6, 1995. Art. 27 of the 1993 Constitution brought full freedom of movement in the country.
  58. ↑ The law of May 20, 1991 brought freedom to travel abroad; amended and adopted by Russia 1996 (in SZ RF 1996, No. 34, item 4029; non-official English translation , 1996-08-15 in effect on August 22).
  59. ↑ With Tajikistan since 1996. With Turkmenistan 1994–2003.
  60. ↑ No. 62-FZ, in effect July 1. ( Non-official English translation ) In addition Presidential Decree No. 1325, dated Nov. 14, 2002, amended Aug. 4, 2016 (documents to be submitted).
  61. ↑ Complete section after Salenko (2012).
  62. ↑ Сергей Иванов : New Citizenship Law Humiliates Russians. September 8, 2003, accessed April 1, 2020 .
  63. ^ Russian President Signs New Citizenship Law. Retrieved April 1, 2020 .
  64. ↑ Affected are the so-called “captured illegal immigrants” ( нелегалы ​​поневоле nelegaly ponevole ). Formerly Russian residents of the Soviet republics, whose new citizenship was not granted or revoked for racial reasons and who migrated to Russia but did not apply for citizenship before 2002. Since 2011, a permanent residence permit ( vid na zhitelstvo ) has also been required, which extends the procedure by 2 years.
  65. ↑ Since 1995, a drug test and health certificate has been required for foreigners for stays of more than 3 months. Tests are carried out for sexually transmitted diseases, hepatitis , HIV / AIDS , and tuberculosis . People infected with HIV are deported. In the case of Kiyutin v. Russia , Application no. 2700/10, European Court of Human Rights enforce his naturalization, but this had no further effect on the practice of Russian authorities.
  66. ↑ Since the constitutional amendment in 2020, this also has constitutional status. Further reading: Political Homophobia as a State Strategy in Russia; Journal of Global Initiatives, Vol 12 (2018), No. 1, Art. 9.
  67. ↑ Law No. 142, of May 23, 2014, in force on Aug. 4, 2014. Changes to §§ 6 and 30. By No. 507-FZ, Dec. 19, 2014, added to the effect that Russians entering the country within 30 days Have to make a report.
  68. ↑ executive order on granting Russian citizenship to Gerard Depardieu. Retrieved April 1, 2020 .
  69. ↑ No. 6FKZ, in effect March 21. (On March 18th, Crimea signed an accession treaty, which was ratified on March 21st and entered into force on April 1st. The Constitutional Court examined the text and declared it to be constitutional on March 19th .)
  70. ↑ In 2014/5, Russia recorded 247,700 asylum applications from Ukrainians. In the following year 165,000 Ukrainians were naturalized. Further reading: Myhre, M .; Forced migrant “compatriots” from Ukraine: Accessing legal residency and citizenship in the Russian Federation; Nationalities Papers (Oslo), Vol. 46 (2018), pp. 1028-45

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