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

Each state is a complexpolitical and social structure, which has a certain number of signs. One of them is the population. The state exists only if there is a certain number of people residing 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 institute, or itsmakings 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 theoryjurisprudence 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 impliesthe 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 with 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, in jurisprudence, the main placetakes the meaning of "citizenship" as a constitutional institution. 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 the existence of mutual rights and obligations. Given the constitutional nature of the institute, 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;
• law establishes ways to obtain and terminate the institution;
• in some cases, multiple legal contacts with different states are allowed;
• there is a certain order, applied to solve issues related directly to citizenship.

Of course, depending on the state, the situationInstitute can be completely different. The Russian Federation is not an 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 legalpower. 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 below.

Types of Institute

To date, legal relations in the sphere ofa legal connection between the country and a person 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, we can distinguish the following types of citizenship:

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 legislationadmits the presence of a large number of types of the institution presented in the article. In this case, the characteristics of each of them allow a more detailed study of the whole institution.

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 activity 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 fixed.

Basic Ideas

The concept of citizenship, the principles of Russian citizenship -these 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 fundamental 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 regulatory frameworkpresented in the article of the Institute, its operation is governed 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 in more detail the process of implementing the institute, it is necessary to analyze each underlying idea separately.

Unity and equality of citizenship

This principle is characterized by several factors.

First, a citizen and citizenship isinterrelated 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 isequal. 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.

Preserving legal communication abroad

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

In the USSR, there was a special regulation, andnamely: Decree of the Presidium of the Supreme Soviet of the USSR of February 17, 1967. According to him, a person could be deprived of his citizenship if he expressed a desire to leave for permanent residence in Israel.

Of course, today the trends are more liberal, therefore many rights of citizens are significantly expanded.

Impossibility of deprivation of legal connection

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

In modern Russia, such an opportunitystate is not provided. But if a person managed to enter or take citizenship with the use of knowingly forged documents or the submission of false statements, the relevant authorities may withdraw the decision on granting him a legal connection with the Russian Federation.

The principle of protection and protection of citizens

This foundational provision enshrineslegal "custody" of the state over its population. According to this principle, citizens cannot be extradited to foreign powers or expelled from the Russian Federation. The provision applies 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. From the moment of registration in these bodies, their representatives are obliged to protect the rights and freedoms of their contingent abroad.

Reduction of stateless persons

Today in the Russian Federationan active policy is being pursued aimed at every possible reduction in the number of persons who do not have citizenship. After all, the legal relationship with the state is a whole package of legal freedoms of economic, social, cultural and other nature, which greatly facilitate the process of interaction between a person and the country in whose territory 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.

The principle of dual citizenship

The current legislation of the Russian Federation assumes thata person other than a Russian may be a second citizenship. The essence of the principle lies in the fact that the state allows for the existence of legal citizenship of another country among its citizens. At the same time, this fact does not exclude a legal connection with the Russian Federation.

The program "Compatriots"

Many current global problemsled to the fact that most people with Russian roots, want to get the citizenship of our state. To stimulate this trend, the program "Compatriots" was invented. With its help, many people are given the opportunity to find 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 looked at the conceptcitizenship, principles of citizenship of the Russian Federation and other features of this constitutional institution. It is worth noting that today, the mechanism of functioning of the legal relationship between a person and the state operates in Russia quite effectively. However, a theoretical study of its individual aspects is necessary for the further modernization of the institution of citizenship as a whole.