BIPATRIDES
- citizens who have the citizenship of two or more states.
According to the Federal Law "On Citizenship of the Russian Federation," a Russian citizen who also has other citizenship is considered only as a citizen of the Russian Federation, with the exception of cases provided for by an international treaty of the Russian Federation or federal law. The acquisition by the citizen of the Russian Federation of another citizenship does not entail the termination of Russian citizenship.
Dual citizenship arises as a result of conflicts of legislation on citizenship of different states. Each state whose citizenship a person with dual citizenship has the right to consider him solely as his citizen, disregarding his rights and obligations arising from other citizenship.
The problem of dual citizenship became acute after the collapse of the USSR, as in the territory of a number of states - former Soviet republics
Number of the Russian-speaking population, which has not lost its diverse ties with Russia. The 1993 Constitution of the Russian Federation for the first time provided for the possibility of dual citizenship; A citizen of the Russian Federation may have the citizenship of a foreign state in accordance with a federal law or an international treaty of the Russian Federation. According to the international Convention on Certain Questions Relating to the Conflict of Nationality Laws (1930), a person who has dual citizenship has all the rights and carries all the obligations arising from each of his citizenship.
In accordance with the Citizenship Act of 1991 (Article 3), a person who is Russian citizenship could not obtain the citizenship of another state unless a corresponding international treaty was concluded between Russia and a foreign state. This created a restriction for Russian citizens, as a result of which a citizen could acquire the citizenship only of those states with which Russia had concluded an international treaty.
International practice concerning the legal status of a person, presents this concept in an expanded way: clause "b", art. 2 of the European Convention on Nationality
From 02.11.1997 introduces the concept of "multiple citizenship", which means the presence of the same person simultaneously citizenship of two or more states.
According to Art. 14 of the Convention on Nationality, the state should allow:
1) children who have the citizenship of several states, acquired automatically, by birth, retain this citizenship;
2) its citizens have another citizenship in cases when it is acquired automatically, by virtue of marriage.
Dual citizenship implies a guarantee of a stable position of persons in the respective states. Being in Russia, a person who possesses dual citizenship, not only has all the rights and freedoms, but also must fulfill all the obligations of the Russian state, which are established by the Constitution of the Russian Federation. However, one can not refuse to perform duties, referring to the fact that a person possesses the citizenship of another state. The presence of the second citizenship does not change anything, and in science the second citizenship is called "sleeping." The fulfillment of duties and the enjoyment of the rights of the second citizenship occurs in the event that a person comes to the country of the second
Citizenship.
In the event that conflict of laws arising out of dual citizenship is not settled in a contractual manner, then each state has the right to demand from a person having his citizenship the fulfillment of the national
Legislation duties.
Currently, the practice of concluding agreements is actively developing,
Regulating the status of citizens
Contracting parties when they are in the territories of the contracting parties, not providing for the status of bipatrida, a double-citizenship.
It should be borne in mind that when solving questions of citizenship, it is necessary to take into account not only the interests of the state whose citizenship is acquired, but also the interests of the person acquiring this citizenship: will it lose the support of the state by becoming simultaneously a citizen of another state.
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