Russia: Access to, and procedures governing, the granting of citizenship according to the Russian Federation Citizenship Act

There are two Russian institutions responsible for determining Russian citizenship: the Citizenship Commission and the Citizenship Department of the Ministry of the Interior (UNHCR 11 June 1999). The Citizenship Department collects the documents and presents the file to the Citizenship Commission which makes the decisions in the ordinary registration process. The Citizenship Department makes administrative decisions in the simplified registration process (ibid.).

In the view of the UNHCR Protection Officer, the laws and regulations on Russian citizenship are applied in a relatively straightforward fashion (ibid.). Once someone can access the procedures, what is in the law is basically applied (ibid.). 

Access

        As a general rule, citizenship applications are submitted at the place of permanent registration (UNHCR 11 June 1999). As of 30 June 1998, there are now two regular exceptions to that principle (ibid.). These in theory should be applied throughout the country according to Federal Instructions. The exceptions are as follows: 1) recognized refugees and 2) former USSR citizens who came from outside Russia and who cancelled their propiska when they left their place of permanent registration (ibid.). These persons are legally able to submit an application at the place of temporary registration (ibid.). Prior to 30 June 1998, all applications had to be made at the point of permanent registration (ibid.). Applications are submitted to the Passport-Visa Service of the Interior Ministry (Kompas 1998, 29).

These exceptions should in principle be applied everywhere, but there are constant complaints that they are not (UNHCR 11 June 1999). In such cases, the would-be applicant can send a letter to the Interior Ministry indicating that the instructions are not being followed by the local Interior Ministry representative (ibid.). The biggest problem with accessing procedures appears to be in Krasnodar Krai (ibid).

The need for everyone to apply for citizenship at the permanent place of residence had been a barrier to access in the past (UNHCR 11 June 1999). Reports prior to June 1998 indicate that individuals eligible for citizenship as former Soviet citizens under Article 18 (d) of the Citizenship Law who had not applied, or not been able to apply, at their place of permanent residence because of long lines or because it was considered dangerous, for example, were not able to apply on arrival in Russia, and in some cases were returned forcibly to their place of permanent residence (UNHCR/Memorial 1999, 15-16). Another source also indicates that lines were often extremely long at Russian embassies in the CIS and that officials sometimes rejected proper documentation (Kompas 1998, 29). It is possible to appeal a decision of a Russian consulate or embassy by writing a letter to the Interior Ministry (ibid.).

If an individual from a CIS country arrives in a Russian city, the first thing the individual must do is obtain permanent registration at the point of arrival; the particulars of that will depend on the place of arrival (UNHCR 11 June 1999). Individuals can only obtain access rights to housing and benefits once they have registered (ibid.). To be permanently registered in the Russian locale, the UNHCR Protection Officer stated that newcomers must de-register in their former place of permanent residence (ibid.). In principle, the individual must return to the original place of residence to de-register. However, according to Kompas, if a newcomer applies for registration, officials should arrange for the de-registration in the former place of residence (1998, 35). The publication, a handbook on various administrative issues for migrants, states that in most areas this practice is followed, but that in others, officials illegally require the applicant to de-register personally (ibid.).

The Protection Officer is aware that people do give their passports to others and get them to de-register for them, but he is not certain whether that is legal. He suggested that it would likely depend on how strict they are at the point of departure (i.e. the place of permanent registration). For example, he suggested that getting a third party to de-register someone might be easier in Tajikistan or Azerbaijan than places like Belarus (11 June 1999).

As far as the Protection Officer is aware, ethnicity plays no role in citizenship procedures; in principle there is no difference between ethnic Russians and any other ethnic group applying for citizenship (ibid.).

Determining Citizenship Status

        There are three basic ways citizenship is determined:

1. Individuals who were permanently registered in Russia in February 1992 automatically acquired Russian citizenship. This category was expanded by a Constitutional Court decision to include certain Russians (citizens of the RSFSR) living abroad in the Baltic States in February 1992 who did not get Baltic State citizenship (UNHCR 11 June 1999).

2. There is a simplified registration procedure that only requires an administrative decision by the Ministry of the Interior, which cross-checks facts and, providing they do check, accepts the application (UNHCR 11 June 1999). Persons who go through this procedure include those under Article 18 of the citizenship legislation, spouses, persons with Russian parents and persons from the CIS who have not applied for citizenship in their countries (ibid.). The Protection Officer stated that many CIS applicants go through this procedure. Decisions of this type are made by the Oblast, Krai or Republic level of the Passport-Visa Section of the Interior Ministry (Kompas 1998, 29).

3. The ordinary registration procedure requires a Presidential Decree and decisions are made by the Citizenship Commission; requests here can be more easily denied (UNHCR 11 June 1999). There is a requirement of three years' residence, which can be reduced in certain cases (ibid.). Any administrative decision in Russia can be appealed within 30 days to a higher administrative level or to the courts (UNHCR 11 June 1999).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Kompas: Bezhentsa i Vynyzhdennogo pereselentsa: Kratkii cpravochnik. 1998. Moscow: Coordinating Council for Assistance to Refugees and Forced Migrants.

UNHCR Protection Officer. 11 June 1999. Personal interview with the Research Directorate.

UNHCR/Memorial. 1999. Violation of International Norms and the Russian Legislation on the Rights of Refugees and Forced Migrants. Moscow: UNHCR/Memorial.