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On Amendments To The Federal Law "on Citizenship Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О гражданстве Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law on Citizenship of the Russian Federation , adopted by the State Duma on October 26, 2012 Approved by the Federation Council on 31 October 2012 Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION Russian Federation, 2002, 2031; 2003, N 46, est. 4447; 2004, N 45, sect. 4377; 2006, N 2, sect. 170; N 31, est. 3420; 2007, N 49, sect. 6057; N 50, sect. 6241; 2008, N 40, sect. 4498; 2009, N 1, article 9; N 26, est. 3125) the following changes: 1) in article 15: (a) Replace "Foreign nationals" with the words " 1. Foreign nationals "; b) supplement the second reading: " 2. Foreign nationals and stateless persons living in the territory of the Russian Federation who previously had Russian citizenship and who had issued the citizenship of the Russian Federation in accordance with the established procedure could be restored to the territory of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of article 13 and article 14 of this Federal Law. "; 2) Article 16 should read: Article 16. The grounds for rejecting applications for admission to Russian Federation citizenship and the Russian Federation citizenship restoration are 1. The applications for Russian citizenship and the restoration of Russian citizenship, submitted by persons who are in favour of a violent change in the foundations of the constitutional order of the Russian Federation, are rejected. or other acts constitute a threat to the security of the Russian Federation; b) participate in or participate in international, interethnic, inter-territorial or other armed conflicts; peacekeeping forces deployed against the Russian contingent of the Russian Federation, or in the preparation of the commission of terrorist acts, or in the preparation of the commission of such acts, OF THE PRESIDENT OF THE RUSSIAN FEDERATION employees; in) participate in or participate in the commission or in preparation for the commission of unlawful acts containing at least one of the characteristics of extremist activity for which criminal, administrative or civil law is provided for under the legislation of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION administrative expulsion from the Russian Federation, in accordance with federal law; e) used false documents when submitting the application; or knowingly false information; e) consists of military service, in the security or law enforcement agencies of a foreign State, unless otherwise provided by an international treaty to which the Russian Federation is a party; of crimes within or outside the territory of the Russian Federation, In accordance with federal law, the competent authorities of the Russian Federation or the competent authorities of foreign States shall be prosecuted for offences established in accordance with the federal law. under federal law (before a court verdict or a decision in the case); and) convicted and serve a term of imprisonment for acts prosecuted under federal law (before the expiry of the sentence) (...) (...) 2. The declarations of recognition by the citizens of the Russian Federation are dismissed on the grounds provided for in paragraphs (a), (b) and (c) of the first part of this article. "; "paragraphs" and "parts of article 16"; 4), paragraph (e) of article 30, after the words "article 14, c", insert the words "Part 2 of Article 15,"; 5) to be supplemented by Chapter VIII-1, to read: Chapter VIII-1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The subject of regulation and scope of this chapter 1. This chapter defines the conditions and procedures for the granting of Russian citizenship to certain categories of persons in the territory of the Russian Federation. The persons concerned are: (a) capable persons held on 5 September 1991 in the nationality of the USSR, who arrived in the Russian Federation for residence before 1 November 2002, which did not acquire the citizenship of the Russian Federation in the established Order, if they do not have the nationality of a foreign State and a valid document confirming the right of abode in a foreign State; b) capable children of the persons referred to in paragraph "a" of this part, 18 years if they do not have the nationality of a foreign State and A valid document confirming the right of abode in a foreign State; in) the children of the persons referred to in paragraph "a" of this part who have not attained the age of eighteen years (hereinafter, minor children), if they do not the nationality of a foreign State and a valid document affirming the right of abode in a foreign State; g) who are incapacitated of legal age who are under the care of the persons referred to in paragraph "a" of this Part, if they do not have the nationality of the foreign State and the actual A document confirming the right to reside in a foreign State; e) persons who had the nationality of the former USSR, who received a passport from a Russian Federation until 1 July 2002, who subsequently had the authority to do so, OF THE PRESIDENT OF THE RUSSIAN FEDERATION of a foreign State. 2. Persons referred to in part one of this article may settle their legal status on the basis of the expression of will to grant citizenship of the Russian Federation in accordance with this Federal Law or on the issuance of a residence permit in Federal Act No. 115 of 25 July 2002 on the Legal Status of Foreign Citizens in the Russian Federation. 3. This chapter also establishes the conditions and procedures for the recognition by the Russian Federation of persons who have been granted citizenship of the former USSR, who have received a passport from the Russian Federation before 1 July 2002, residing in the territory of the Russian Federation. of the Russian Federation in accordance with the established procedure, if they do not have the nationality of a foreign State or a valid document confirming the right to reside in a foreign State, as well as their minors The children. 4. Persons referred to in part three of this article who do not wish to be recognized as citizens of the Russian Federation are entitled to apply for a residence permit in accordance with the Federal Act of 25 July 2002 No. 115-FZ " OF THE PRESIDENT OF THE RUSSIAN FEDERATION Persons referred to in this article may not be held liable for violation of the rules of entry into the Russian Federation, the regime of stay in the Russian Federation and the illegal exercise of employment in the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION residence. Article 41-2. Conditions and procedure for the recognition by citizens of the Russian Federation 1. Citizens of the Russian Federation shall recognize persons referred to in part three of article 41-1 of this Federal Law if they have applied for recognition by their citizens of the Russian Federation, except in cases provided for in part The fourth paragraph of this article, and if there is no basis for the rejection of the declarations provided for in paragraphs "a", "B" and "B" of article 16 of this Federal Act. 2. The persons referred to in part one of this article are recognized by the citizens of the Russian Federation on the basis of a decision of the territorial body of the federal executive authority authorized to exercise control and supervision functions in the sphere Migration (hereafter referred to as the territorial body). 3. The minor children of persons referred to in part three of article 41-1 of this Federal Act shall be recognized as citizens of the Russian Federation if they have not previously acquired citizenship of the Russian Federation in due course. At the same time, the recognition by citizens of the Russian Federation of minor children between the ages of 14 and 18 is subject to their consent. 4. A person is not recognized as a citizen of the Russian Federation if: (a) the passport of a citizen of the Russian Federation was issued to a person on the basis of false or unreliable personal data of the applicant; b) The passport of a citizen of the Russian Federation was issued to a person on the lost (stolen) passport form of a citizen of the Russian Federation, as was known to the person who applied for recognition by the Russian Federation citizen; in) A person has previously been extradited as a foreign national or stateless person The Russian Federation, at the request of a foreign State for the purposes of prosecution or execution of the sentence; g) has acquired the citizenship of the Russian Federation in the event of a primary receipt of a passport of a citizen of the Russian Federation. After the first obtaining of a passport by a citizen of the Russian Federation, the person was allowed to leave the Russian Federation on the basis of a voluntary expression of will in the Russian Federation. Law Order; e) after the primary receipt of a passport A citizen of the Russian Federation has acquired the nationality of a foreign State or a valid document confirming the right of abode in a foreign State, except in accordance with federal law. A person may have the nationality of a foreign State (dual citizenship) by an international treaty of the Russian Federation. Article 41-3. Conditions for the admission to Russian Federation citizenship of the Russian Federation 1. Persons referred to in part one of article 41-1 of this Federal Law shall be granted citizenship of the Russian Federation without regard for their compliance with the conditions set out in paragraphs "a", "in" and "d" of article 13 of the present article. Federal Act, without a permit for temporary residence and a residence permit, in the absence of the grounds for the rejection of the declarations provided for in article 16 of this Federal Act. 2. The citizenship of the Russian Federation of minor children between the ages of 14 and 18 is subject to the availability of their consent. Article 41-4. Applications for recognition by a citizen of the Russian Federation and of the Russian Federation 1. Applications for recognition by a national of the Russian Federation and of the granting of citizenship of the Russian Federation to persons referred to in article 41 to 1 of this Federal Act shall be submitted by the applicant in person in writing on the form prescribed in the territorial agreement. A body at the place of residence or place of residence of the applicant (subject to registration at the place of residence or the place of residence) or the place of actual residence of the applicant who is not registered at the place of residence or place of residence. 2. The recognition by the Russian Federation of minor children and their admission to Russian citizenship is carried out on the basis of statements made by the parents, which provide information on minor children. 3. The application for recognition by a citizen of the Russian Federation or for admission to citizenship of the Russian Federation shall be issued to the applicant for a certificate on the prescribed form, together with a list of documents issued from it. The form of the certificate form is approved by the federal executive authority authorized to carry out monitoring and oversight functions in the field of migration. 4. The complainant, who does not have a valid identity document, including as a result of the seizure of a Russian passport, on the date of acceptance of the application for recognition by a national of the Russian Federation or of admission to the territory of the Russian Federation A document certifying the identity of a citizen of the Russian Federation for the period of consideration of his application for recognition by a citizen of the Russian Federation, containing his personal data and a photograph, shall be issued. In the case of the complainant's passport to a Russian citizen, the document is withdrawn by the complainant. The form of the form of the strict reporting form and its duration are approved by the federal executive authority authorized to exercise supervisory and supervisory functions in the field of migration. 5. During the period of consideration of the application for recognition by a citizen of the Russian Federation or of a Russian Federation citizenship, adopted by the applicant without a valid identity document, a person shall be identified in the document. Federal Act No. 115 of 25 July 2002 on the Legal Status of Foreign Citizens in the Russian Federation. 6. The form of the declaration of recognition by a citizen of the Russian Federation and the list of documents annexed thereto shall be governed by the provisions on the procedure for the consideration of questions of citizenship of the Russian Federation, approved by the President of the Russian Federation. 7. The form of application for citizenship of the Russian Federation and the list of documents annexed thereto shall be determined in accordance with article 33 of this Federal Law. Article 41-5. Deadline for consideration and adoption of decisions on statements of recognition by a Russian citizen of the Federation and of the Russian Federation citizenship of the Russian Federation 1. Consideration of the application for recognition by a national of the Russian Federation and a decision on such application under this Federal Act shall be exercised by a territorial body within a period not exceeding two months from the date of application and All properly documented documents. 2. The application for citizenship of the Russian Federation and a decision on such application shall be considered within a period not exceeding six months after the submission of the application and all duly completed documents. 3. If it is necessary to establish the applicant's identity, the period specified in paragraphs 1 and 2 of this article shall be extended for the period necessary to establish the identity of the applicant, but not for more than three months. Article 41-6. The powers of the territorial bodies on the implementation of this Federal Law For the purposes of this chapter, the territorial authorities: (a) consider applications for recognition by a citizen of the Russian Federation; and of the Russian Federation's citizenship and take decisions on such applications; b) execute the decisions taken and issue the relevant documents; in) keep records of persons applying for recognition as a citizen OF THE PRESIDENT OF THE RUSSIAN FEDERATION g) collects, soliates, verified and assesses evidence of the existence or absence of the grounds and conditions established by this Federal Law and conditions of recognition by a citizen of the Russian Federation for a decision on Russian Federation citizenship and records the said actions in the relevant documents; d) establish the arrival of the applicants in the territory of the Russian Federation before 1 November 2002 and their residence in the territory of the Russian Federation The Russian Federation shall make a reasoned decision on the classification or non-reporting of applicants to the category of persons referred to in paragraph "a" of part one of article 41-1 of this Federal Law; (e) shall carry out mandatory State activities. fingerprinting and photographing, maintain information arrays created in the process of state fingerprinting registration, in the cases provided for by federal laws; of an individual in the case provided for under article 5, paragraph 5, of the present report Federal Law; (s) exercise other powers under this Federal Act, other federal laws and other normative legal acts of the Russian Federation. Article 41-7. Adoption of a decision on applications for recognition by a Russian Federation citizen and on admission to citizenship of the Russian Federation. Date acquisition of citizenship of the Russian Federation 1. The decision to recognize a citizen of the Russian Federation or to grant citizenship to the Russian Federation shall be made by a territorial authority and shall be made in writing, indicating the reasons for such decision. 2. Russian Federation citizenship is acquired by: a) under Article 41-2 of this Federal Law-from the day of primary receipt of a Russian citizen's passport; b) in accordance with Part I of the Article 41-3 of this Federal Law-from the day of the decision to grant citizenship of the Russian Federation. Article 41-8. To cancel the decision to recognize a citizen of the Russian Federation Russian Federation 1. The decision to recognize a citizen of the Russian Federation or to grant citizenship of the Russian Federation to a citizen of the Russian Federation shall be cancelled, if it is established that the decision to recognize the citizenship of the Russian Federation or to accept citizenship of the Russian Federation has been made. The basis of forged documents or the knowledge of false or inaccurate information. 2. The decision to recognize a citizen of the Russian Federation or to grant citizenship to the Russian Federation shall be decided by the head of the federal executive authority authorized to exercise control and supervision functions. migration, or by a person who replaces it. 3. The decision to recognize a citizen of the Russian Federation or to grant citizenship to the Russian Federation, if cancelled, shall be deemed null and void from the date of the decision. 4. The decision to cancel the decision to recognize the Russian Federation citizen or to grant citizenship of the Russian Federation may be appealed to the court. Article 41-9. Acceptance of repeated applications for recognition by a Russian citizen or a Russian citizen of the Russian Federation 1. Persons who are subject to this chapter and whose applications for recognition by a Russian Federation citizen or for admission to citizenship of the Russian Federation have been rejected, may again apply after the termination of the circumstances, The provisions of article 16, paragraph 1, subparagraph (d), (d), (e), (e), (f) and (f) of article 16 of this Federal Act, are not earlier than one year after the previous decision. 2. Pending the termination of the circumstances preventing the recognition by a citizen of the Russian Federation or of a Russian Federation citizenship, the persons referred to in paragraph 1 of this article may be temporarily present in the territory of the Russian Federation for a temporary stay in the territory of the Russian Federation. The authorization of the territorial authority. The resolution is issued as a stamp in the migration card issued to such persons by the territorial authority. ". Article 2 1. Unless otherwise provided by federal law, recognition of the Russian Federation citizenship in accordance with Article 41-2 of the Federal Law of 31 May 2002 "On citizenship of the Russian Federation" (in the wording of this Federal Law) does not entail the revision of rights and obligations, as well as the obligations of the persons referred to in Part 3 of Article 41-1 of the Federal Law N 62-FZ of 31 May 2002 "On citizenship of the Russian Federation" (in the wording of this Federal Law) if the rights and obligations arising from such recognition have arisen or could have arisen from the beginning of the the appropriate the authority responsible for the citizenship of the Russian Federation, the absence of the Russian Federation citizenship, and the decision to recognize a person OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Persons covered by Chapter VIII-1 of Federal Act No. 62-FZ of 31 May 2002 on citizenship of the Russian Federation The Federal Act, which did not apply to the period of Chapter VIII-1 of the said Federal Act concerning the recognition of the Russian Federation citizen or to grant citizenship to the Russian Federation, is obliged to leave the Russian Federation. than three months from the date of expiry of chapter VIII-1 Federal law. In the event of default, such persons shall be deported. 3. Persons whose applications for recognition by citizens of the Russian Federation or for admission to citizenship of the Russian Federation are dismissed on the grounds provided for in paragraphs "a", "b" and "in" part four of article 41 to 2 and paragraphs (a), (b) and (b) of the first article 16 Federal Act No. 62-FZ of 31 May 2002 "On citizenship of the Russian Federation" (in the wording of this Federal Act) is obliged to leave the country. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the event of default, such persons shall be deported. Article 3 1. This law shall enter into force on the date of its official publication. 2. The provisions of chapter VIII-1 of the Federal Law of 31 May 2002, No. 62-FZ "On citizenship of the Russian Federation" (as amended by the Federal Law) shall be applied until 1 January 2017. President of the Russian Federation Vladimir Putin Moscow, Kremlin 12 November 2012 N 182-FZ