The concept of citizenship, the principles of Russian citizenship. Constitutional Law of the Russian Federation

Each state represents a complex political and social structure that has a certain number of characteristics. One of them is the population. The state exists only if a certain number of people live on its territory, who consider the country to be their home. Of course, we can also identify other signs of statehood, but it is the population that is the main one. At the same time, between a population or a separate individual and the power in which he lives, there is a certain relationship of a legal nature. This legal institution has developed for many centuries in a row. Today it has the name "citizenship".

It should be noted that the institution, or its makings, existed already in Ancient Greece and Rome. Of course, from that moment it underwent some changes, but its characteristic features remained unchanged. The citizenship of the Russian Federation has a peculiar form. It should be noted that this institution of domestic legislation has a number of principles that affect its immediate implementation. Therefore, citizenship should be considered in a comprehensive manner, taking into account all its legal aspects.

The concept of citizenship

The concept of citizen and citizenship in the theory of jurisprudence plays an important role, since it shows the connection between a person and the country in which he lives. However, the long history of the formation of this concept led to the fact that today it characterizes several phenomena at once. Thus, the term is applicable in the following values:

• Sovereign right of the state;
• The state of a person of a public legal nature;
• Institute of constitutional law.

In the first case, citizenship implies the possibility of a particular state to regulate the activities of its population, because it is an integral part of the mechanism. On the other hand, the term characterizes the relationship of a particular person to the territory on which he lives. At the same time, this relationship has a public legal nature, which determines its regulations through the norms enshrined in official acts.

However, the importance of "citizenship" as a constitutional institution takes precedence in jurisprudence. In this case, the term characterizes a stable legal relationship between the state and the individual. It, in turn, is expressed in the fact of having mutual rights and obligations. Given the constitutional nature of the institution, it is necessary to note its special design. As a rule, the institution of citizenship is fixed in the main law or other acts of this sphere of regulation. This fact also causes the presence of certain features of the phenomenon presented in the article, namely:

• Citizens of the state recognize the circle of individuals;
• The law establishes methods for obtaining and terminating the institution;
• In some cases, a multiple legal relationship with different states is allowed;
• There is a certain order, applied to solve issues related directly to citizenship.

Of course, depending on the state, the position of the institution may be completely different. The Russian Federation is no exception in this matter. It should also be noted that the concept of citizenship, the principles of Russian citizenship, which will be presented further, are mutually complementary concepts.

The concept of Russian citizenship

Today, Russia is a powerful legal power. This necessitates the availability of qualitative and functional institutions of a constitutional nature. Citizenship in this case plays out a key role. First, the institution allows more accurately and correctly to regulate the legal relationship between a person and a country, that is, its authorities. Secondly, citizenship makes it possible to establish a unique relationship with a specific individual with a view to the subsequent control over him. Thus, the institution is a legal relationship between a person and the state. As in the case of the classical species, Russian citizenship manifests itself in the presence of mutual duties and rights. However, the operation of the institute is regulated by a number of fundamental principles. These are today the principles of Russian citizenship, which will be discussed further.

Types of Institute

To date, legal relations in the field of legal relations between the country and people can be combined into specific groups. Subsequently, they are allocated types of citizenship. As we know, any classification takes place on the basis of a certain factor. In our case, the species division will be based on the entity and its legal relationship. Thus, the following types of citizenship can be distinguished:

1. A single legal relationship between the individual and the Russian Federation.
2. Another legal ligature or citizenship, that is, a person has the citizenship of another country.
3. Dual (second) citizenship is characterized by the presence of an individual who is already a citizen of the Russian Federation, a legal attachment to a foreign state.
4. Lack of citizenship is a special regime characterized by the fact that a person does not have the citizenship of either Russia or another country.

As we see, the current legislation allows for a large number of types of the institution presented in the article. In this case, the peculiarities of each of them allow for a more detailed study of the entire institution as a whole.

Normative base

Like all existing legal institutions, the citizenship of the Russian Federation is regulated by the norms of certain legislative acts. Since the attainment of independence by Russia, a whole regulatory system has been developed that regulates the activities of this phenomenon. This structure includes the following LPA, namely:

• The Constitution of the Russian Federation;
• International acts ratified in Russia;
• FZ "On Citizenship of the Russian Federation";
• Subordinate legal acts.

It is in the provisions of the submitted acts that the main regulatory mechanisms of the whole institution are consolidated.

Basic Ideas

The concept of citizenship, the principles of Russian citizenship are closely related terms that characterize the institution described in the article. But they are completely different phenomena. Principles are the basic ideas of the institution, that is, the "three whales" on which it is based and thanks to which it functions. They largely determine the state activities in this area. It is worth noting that the principles of Russian citizenship can vary greatly, for example, from the key provisions of the institution of legal communication in other countries. In other words, for any state, citizenship is an individually expressed sphere. Thanks to the principles, these features can be visually identified and analyzed. To date, the citizenship of the Russian Federation exists on the basis of a whole system of principles, which will be examined further.

Types of basic ideas

As mentioned earlier, the concept of citizenship, the principles of Russian citizenship are interrelated categories. At the same time, the institution that they characterize functions due to the existence of certain principles. Thus, it is possible to single out the following basic ideas, which are distinguished by scientists for today, namely:

• Regardless of the form of receipt, the citizenship of the Russian Federation is equal and unified;
• If a person lives outside Russia, this fact does not entail the termination of his legal relationship with the Russian Federation;
• Citizenship can not be taken away;
• A Russian citizen can not be extradited or expelled for the territory of the Russian Federation to another state;
• The Russian Federation encourages the establishment of a legal relationship with Russia by persons who do not have citizenship;
• The presence of dual citizenship is allowed.

As we see, according to the normative base of the institution presented in the article, its operation is regulated by the presented principles of Russian citizenship. Most of them are fixed in the Federal Law "On Citizenship". Some basic ideas are presented in the Constitution of the Russian Federation. In order to understand the implementation of the institute in more detail, it is necessary to analyze each basic idea separately.

Unity and equality of citizenship

This principle is characterized by several factors.

First, the citizen and citizenship are interrelated concepts. That is, a person residing in the territory of the Russian Federation has a legal relationship with this state. At the same time, it must be remembered that the Russian Federation is a federation of actors. In some cases, such are whole republics. According to the principle of unity, subjects of this kind can not establish their own kind of legal connection between the individual and the territory. In other words, regardless of the place of residence of an individual and belonging to a particular republic, citizenship will be one - the Russian Federation.

Secondly, the legal link for all is equal. This means that citizens due to racial, ethnic, ethnic or other differences can not be infringed in their rights. In addition, this principle contains another feature. As we know, citizenship can be obtained through a branch (by birth), naturalization (acquisition at will), and options. In this case, people will not differ in any way in their rights, depending on the form of obtaining legal connection with the Russian Federation. Thus, the citizen born on the territory of the state will be equal to the one who received citizenship on other grounds.

Preservation of legal relations abroad

The essence of citizenship, as mentioned earlier, is the unbreakable legal relationship between a person and a particular country. This fact largely determined the existence of an interesting principle. According to him, Russian citizenship does not change in any way and does not disappear if the person who has it, leaves the country for an indefinite period or for a permanent residence. This principle is new in the legislation of the Russian Federation.

In the USSR there was a special normative act, namely: Decree of the Presidium of the Supreme Soviet of the USSR of February 17, 1967. According to him, a person could be deprived of citizenship if he wished to leave for a permanent place of residence in Israel.

Of course, to date, the trends are more liberal, so many of the rights of citizens are significantly expanded.

Lack of legal discretion

The current Federal Law "On Citizenship", establishes the principle of the impossibility of depriving a person of a legal relationship with his state. But such a phenomenon took place in the legislation of the USSR. It was a unilateral action that was conducted at the discretion of the authorities, regardless of the desire of a specific individual and was directed at depriving him of his legal relationship with the Soviet Union.

In modern Russia, this possibility of the state is not envisaged. But if a person managed to enter or take citizenship with the use of knowingly forged documents or the provision of false statements, the relevant authorities can revoke the decision to grant him a legal connection with the Russian Federation.

The principle of patronage and protection of citizens

This fundamental position secures the legal "custody" of the state over its population. According to this principle, citizens can not be extradited to foreign powers or expelled from the Russian Federation. The regulations apply both directly to the population of the country, and to persons who live abroad. This means that the Russian Federation patronizes its citizens through consular or diplomatic missions. Since registration in these bodies, their representatives are obliged to protect the rights and freedoms of their contingent abroad.

Reduction of stateless persons

To date, the Russian Federation is pursuing an active policy aimed at reducing the number of people who do not have citizenship. After all, the legal relationship with the state is a whole package of legal freedoms of an economic, social, cultural and other nature that significantly facilitate the process of interaction between the individual and the country in which he lives. In addition, the reduction of stateless persons will affect the increase in the number of people who are directly connected with the Russian Federation.

Principle of dual citizenship

The current legislation of the Russian Federation allows that a person other than Russia may have a second citizenship. The essence of the principle is that the state allows its citizens to have a legal identity with another country. However, this fact does not exclude the legal relationship with the Russian Federation.

The program "Compatriots"

Many modern problems of a global scale have led to the fact that most people who have Russian roots want to obtain the citizenship of our country. To stimulate this trend, the "Compatriots" program was invented. With its help, many people are given the opportunity to gain a legal connection with Russia. But the right to citizenship is given to those who meet certain conditions, for example, come from the countries of the USSR, previously lived in the Russian Federation, etc.

So, in the article we considered the concept of citizenship, the principles of Russian citizenship and other features of this constitutional institution. It should be noted that, to date, the mechanism of the functioning of the legal relationship between the individual and the state operates in Russia quite effectively. However, theoretical study of its individual aspects is necessary for the further modernization of the institution of citizenship in general.