Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)

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Pronyakina S. Ю. Dual and multiple citizenship in the Russian Federation: Prospects for the development of legal regulation. Journal Izvestiya of Saratov University. Economics. Management. Law, 2024, vol. 24, iss. 2, pp. 203-210. DOI: 10.18500/1994-2540-2024-24-2-203-210, EDN: FRWJXC

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Language: 
Russian
Heading: 
Law
Article type: 
Article
UDC: 
342.71
DOI: 
10.18500/1994-2540-2024-24-2-203-210
EDN: 
FRWJXC

Dual and multiple citizenship in the Russian Federation: Prospects for the development of legal regulation

Autors: 
Pronyakina Svetlana Юрьевна, Voronezh State University
Abstract: 

Introduction. After the legislative distinction between the concepts of “dual citizenship” and “multiple citizenship”, predicting the prospects for the development of legal regulation of social relations emerging in the field of dual and multiple citizenship, as well as development of practical proposals to consolidate the legal status of persons with multiple citizenship in the Russian Federation, becomes relevant. Theoretical analysis. The author examined the legislation of the Russian Federation regulating the legal status of persons with dual and multiple citizenship, in particular, analyzed the current legislative restrictions and prohibitions established for this category of persons. Empirical analysis. The author studied the problem of exercising electoral rights by citizens of the Russian Federation with multiple citizenship, including the problem of renouncing the citizenship of a foreign state, and analyzed judicial practice on challenging decisions of election commissions of municipalities on the annulment of registration/refusal to register candidates for deputies. Results. The author proposes the concept of the Federal Law “On the legal status of persons with multiple citizenship in the Russian Federation”: legislative consolidation of the concept of “person with multiple citizenship”, formulation of the goals of establishing prohibitions for persons with multiple citizenship, establishment of additional prohibitions for persons with multiple citizenship in the sphere of the use of electoral rights, in particular, the ban on passive suffrage (the right to be elected) in municipal elections, the ban on active suffrage (the right to vote) for persons with multiple citizenship permanently residing outside the Russian Federation.

Key words: 
citizenship
dual citizenship
multiple citizenship
persons with multiple citizenship
international treaties
voting rights
municipal elections
renunciation of citizenship
Reference: 
  1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993 (amended by Federal Constitutional Law 6-FKZ of December 30, 2008, Federal Constitutional Law 7-FKZ of December 30, 2008, Federal Constitutional Law 2-FKZ of February 5, 2014, Federal Constitutional Law 11-FKZ of July 21, 2014, Federal Constitutional Law 1-FKZ of March 14, 2020. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 2020, no. 11, art. 1416 (in Russian).
  2. Markhgeym M. V. Citizenship: Constitutional and legal reception nuances of state Construction. NOMO THETIKA: Philosophy. Sociology. Law, 2022, vol. 47, no. 1, pp. 98–109 (in Russian). https://doi.org/10.52575/2712-746X-2022-47-1-98-109
  3. Avakyan S. A. Konstitutsionnyy leksikon: gosudarstvenno-pravovoy terminologicheskiy slovar’ [Constitutional lexicon: State-legal terminological dictionary]. Moscow, Justitsinform, 2015. 640 p. (in Russian).
  4. Avtonomov A. S. Konstitutsionnoe (gosudarstvennoe) pravo zarubezhnykh stran [Constitutional (state) law of foreign countries]. Moscow, Velby, Prospekt, 2005. 560 p. (in Russian).
  5. Khlebunova S. A. Problems of dual and multiple citizenship in Russia. Problemy prava [Issues of Law], 2021, 3 (82), pp. 24–28. https://doi.org/10.14529/proprava210304 (in Russian).
  6. Adzhba D. D. Bi- and polypatrism in international law. Actual Problems of Russian Law, 2020, vol. 17, no. 7 (140), pp. 150–157 (in Russian). https://doi.org/10.17803/1994-1471.2022.140.7.150-157 , EDN: RIVPUZ
  7. On citizenship of the Russian Federation. Federal Law 138-FZ of April 28, 2023 (an edition of July 24, 2023). Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 2023, no. 18, art. 3215 (in Russian).
  8. Dzidzoev R. M. The constitutional status of the President of the Russian Federation in view of the constitutional reform in Russia. Konstitustionnoe i munistipal’noe pravo [Constitutional and Municipal law], 2020, no. 10, рр. 33–36 (in Russian). https://doi.org/10.18572/1812-3767-2020-10-33-36 , EDN: EXMZDR
  9. Samsonov V. N., Mulenko N. V. Actual problems of dual citizenship in the Russian Federation. Vestnik of Putilin Belgorod Law Institute of Ministry of the Interior of Russia, 2023, no. 1, pp. 11–16 (in Russian). EDN: ZWQFCE
  10. Gorokhova S. S., Khvatova M. A. On some aspects of the transformation of the general provisions of the legislation of the Russian Federation in the sphere of Russian citizenship. Yuridicheskie issledovaniya [Legal Studies], 2023, 10, pp. 14–26 (in Russian). https://doi.org/10.25136/2409-7136.2023.10.68741 , EDN: UKRYOY. Available at: https://nbpublish.com/library_read_article.php?id=68741 (accessed January 10, 2024).
  11. Smirnova E. S. The issue of determination of rights of persons with multiple nationality: The movement from the constitutional law to the international law. Konstitustionnoe i munistipal’noe pravo [Constitutional and Municipal law], 2019, no. 4, pp. 35–41 (in Russian). EDN: ATMWQB
  12. Agreement between the Russian Federation and the Republic of Tajikistan on the settlement of issues of dual citizenship. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 1996, no. 51, art. 5683 (in Russian).
  13. Agreement between the Russian Federation and the Republic of South Ossetia on the settlement of issues of dual citizenship (Tskhinvali, September 20, 2021). Available at: https://www.mid.ru/ru/foreign_policy/international_contracts/international_contracts/2_contract/60315/ (accessed January 20, 2024) (in Russian).
  14. Agreement between the Russian Federation and the Republic of Abkhazia on the settlement of issues of dual citizenship (Moscow, September 27, 2022). Available at: https://www.mid.ru/ru/foreign_policy/international_contracts/international_contracts/2_contract/60949/ (accessed January 20, 2024) (in Russian).
  15. On state secrets. Law of the Russian Federation 5485-1 of July 21, 1993. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 1997, no. 41, pp. 8220–8235 (in Russian).
  16. On approval of the Regulations on the procedure for admitting persons with dual citizenship, stateless persons, as well as persons from among foreign citizens, emigrants and re-emigrants to state secrets. Decree of the Government of the Russian Federation no. 1003 of August 22, 1998. ATP «Consultant» [electronic resource] (in Russian).
  17. On the state civil service of the Russian Federation. Federal Law 79-FZ of July 27, 2004. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 2004, no. 31, art. 3215 (in Russian).
  18. On municipal service in the Russian Federation. Federal Law 25-FZ of March 2, 2007. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 2007, no. 10, art. 1152 (in Russian).
  19. On service in the customs authorities of the Russian Federation. Federal Law 114-FZ of July 21, 1997. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 1997, no. 30, art. 3586 (in Russian).
  20. On the compliance with the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation “On improving the regulation of certain issues of the organization and functioning of public power”, as well as on the compliance of the procedure for entry into force with the Constitution of the Russian Federation by virtue of Article 1 of this Law in connection with the request of the President of the Russian Federation. Conclusion of the Constitution Court of the Russian Federation 1-Z of March 16, 2020. Rossiyskaya gazeta [Russian newspaper], March 17, 2020 (in Russian).
  21. On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values. Decree of the President of the Russian Federation no. 809 of November 9, 2022. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 2022, no. 46, art. 7977 (in Russian).
  22. On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation. Federal Law 67-FZ of June 12, 2002. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 2002, no. 24, art. 2253 (in Russian).
  23. On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies. Federal Law 138-FZ of November 26, 1996. Sobranie zakonodatel’stva RF [Collection of Laws of Russian Federation], 1996, no. 49, art. 5497 (in Russian).
  24. Agreement between the Russian Federation and Turkmenistan on the legal status of citizens of the Russian Federation permanently residing in the territory of Turkmenistan, and citizens of Turkmenistan permanently residing in the territory of the Russian Federation. Bulletin of International Treaties, 1997, no. 11 (in Russian).
  25. Kuznetsova O. V. The principle of universality and the reasonableness of limiting passive suffrage. Izvestiya of Saratov University. Economics. Management. Law, 2020, vol. 20, iss. 3, рр. 346–353 (in Russian). https://doi.org/10.18500/1994-2540-2020-20-3-346-353
  26. Appeal ruling of the St. Petersburg City Court no. 33a-24802/2019 of October 30, 2019 in civil case No. 2a-6773/2019. Available at: https://sankt-peterburgsky--spb.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=doc&number=39248515&delo_id=42&new=0&text_number=1 (accessed September 12, 2023) (in Russian).
  27. Cassation ruling of September 9, 2022 in case No. 88a-21932/2022. ATP «Consultant» [electronic resource] (in Russian).
Received: 
09.02.2024
Accepted: 
21.02.2024
Available online: 
31.05.2024