ORDER OF THE MINISTRY OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION

of June 16, 2008 No. 7491

About approval of Administrative regulations of execution of the state function concerning nationality

List of amending documents

According to the order of the Government of the Russian Federation of November 11, 2005 N 679 "About procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services)" (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, 2063) I order to the Art.:

1. Approve Administrative regulations of execution of the state function concerning nationality.

2. Declare invalid the order the MFA of Russia of 24.12.2002 N 18560 "About approval of forms of decisions, conclusions and references concerning citizenship of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation on February 3, 2003, registration N 4172).

3. To impose control of execution of this order on the First Deputy Minister A. I. Denisov.

 

The Russian Foreign Ministry of June 16, 2008 No. 7491 is approved by the order

Administrative regulations of execution of the state function concerning nationality

I. General provisions

Name of the state function

1. The administrative regulations of execution of the state function concerning nationality are developed for the purpose of increase in efficiency and workmanship of the state function concerning nationality.

The body performing the state function

2. Execution of the state function concerning nationality is performed by the Ministry of Foreign Affairs of the Russian Federation (further - the MFA of Russia), diplomatic representations and consular establishments of the Russian Federation (daleezagranuchrezhdeniye) concerning persons living outside the Russian Federation.

In the course of execution of this state function the MFA of Russia and foreign institutions interact with the Commission on questions of nationality in case of the President of the Russian Federation, the Federal Migration Service and Federal Security Service of the Russian Federation.

The regulatory legal acts regulating execution of the state function

3. Execution of the state function concerning nationality is performed according to:

Constitution of the Russian Federation (Russian Federation Code, 2009, N 4, Art. 445);

Decree of Presidium of the Supreme Council of the USSR of June 25, 1976. "About approval of the Consular charter of the Union of Soviet Socialist Republics" (The compiled laws USSR, T. 9, Art. 24);

The Federal Law of May 31, 2002 N 62-FZ "About citizenship of the Russian Federation" (further - the Federal Law on nationality) (The Russian Federation Code, 2002, N 22, Art. 2031; 2003, N 46th p. II, Art. 4447; 2004, N 45, Art. 4377; 2006, N 2, Art. 170, N 31 p. I, Art. 3420; 2007, N 49, Art. 6057, N 50, Art. 6241; 2008, N 40, Art. 4498; 2009, N 1, Art. 9);

Budget code of the Russian Federation (Russian Federation Code, 1998, N 31, Art. 3823);

The presidential decree of the Russian Federation of November 14, 2002 N 1325 "About approval of the Regulations on procedure for consideration of questions of citizenship of the Russian Federation" (further - the Procedure for consideration of questions of nationality) (The Russian Federation Code, 2002, N 46, Art. 4571; 2004, N 1, Art. 16; 2006, N 45, Art. 4670; 2007, N 31, Art. 4020; 2008, N 29 (h 1), Art. 3476);

The presidential decree of the Russian Federation of November 5, 1998 N 1330 "About approval of the Regulations on Consular establishment of the Russian Federation" (The Russian Federation Code, 1998, N 45, Art. 5509; 2009, N 1, Art. 91);

The order the MFA of Russia of February 4, 2009 N 1145 "About approval of the Rate of the consular fees of the Russian Federation levied outside the territory of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation on March 13, 2009, registration N 13508).

Result of execution of the state function

4. The state function concerning nationality concerning persons living outside the Russian Federation is performed the MFA of Russia and foreign institutions in the form of acceptance and/or execution of decisions according to applications for admission in citizenship of the Russian Federation, to statements for getting out of citizenship of the Russian Federation (further - statements for nationality change), verification of presence or lack of citizenship of the Russian Federation, cancellation of decisions concerning citizenship of the Russian Federation with the subsequent issue to the applicant of the passport, the reference issued in confirmation of the termination of citizenship of the Russian Federation, lack of citizenship of the Russian Federation or acceptance to consideration of the application concerning citizenship of the Russian Federation.

Applicants

5. The state function concerning nationality is performed concerning citizens of the Russian Federation, foreign citizens and stateless persons which addressed to foreign institutions concerning acquisition, the termination, determination of availability or lack of citizenship of the Russian Federation.

II. Requirements to procedure for execution of the state function

 

Procedure for informing on rules of execution of the state function

6. Information on procedure for informing on rules of execution of the state function concerning nationality is provided by foreign institutions (with indication of their addresses, contact telephone numbers and the official sites) on the official site the MFA of Russia of www.mid.ru in the Section "Diplomatic and Consular Representations of Russia Abroad".

7. Information concerning execution of the state function concerning nationality can be provided to applicants:

by phone;

according to the written address;

in case of the personal address;

on the official sites MFA of Russia and foreign institutions;

8. By phone officials of foreign institutions provide exhaustive information on questions of applicants concerning execution of the state function concerning nationality.

9. According to the written addresses concerning questions of execution of the state function concerning nationality, the answer goes within 30 calendar days from the date of registration of the address by mail to the applicant.

10. Reception of citizens is performed by officials of foreign institutions.

11. On the official site the MFA of Russia of www.mid.ru information on conditions and procedure for acquisition and termination of citizenship of the Russian Federation is posted in the section "Consular Questions" in the subsection "The Consular Functions Which Are Carried Out by Diplomatic Representations and Consular Establishments of Russia Abroad" in the Questions of Nationality folder.

12. At stands in rooms for acceptance of visitors in foreign institutions information on the conditions of acquisition, termination, determination of availability or lack of citizenship of the Russian Federation established by the Federal Law on nationality, on procedure for registration and filing of applications on change of nationality and the certificate of availability of nationality with indication of the list of necessary documents and the size of the consular fee and other charges, stipulated by the legislation the Russian Federation, and also about the working schedule is placed. Similar information can be posted on the official sites of foreign institutions.

 

Completion dates of the state function

13. Consideration of the applications concerning citizenship of the Russian Federation and decision making about acceptance in citizenship of the Russian Federation and about getting out of citizenship of the Russian Federation in general procedure are performed till one year from the date of filing of application and all necessary documents processed properly. General procedure for acquisition or termination of citizenship of the Russian Federation - procedure for consideration of questions of nationality and decision making concerning citizenship of the Russian Federation the President of the Russian Federation concerning persons to whom the usual conditions provided by the Federal Law on nationality extend.

Consideration of the applications concerning citizenship of the Russian Federation and decision making about acceptance in citizenship of the Russian Federation and about getting out of citizenship of the Russian Federation in the simplified procedure are performed till six months from the date of filing of application and all necessary documents processed properly. The simplified procedure for acquisition or termination of citizenship of the Russian Federation - procedure for consideration of questions of nationality and decision making concerning citizenship of the Russian Federation concerning persons to whom the preferential terms provided by the Federal Law on nationality extend.

 

Bases for suspension of execution of the state function

14. Are rejected the applications for admission in citizenship of the Russian Federation submitted by persons, which:

a) support violent change of bases of the constitutional system of the Russian Federation or other actions create safety hazard of the Russian Federation;

b) within five years preceding day of the address with applications for admission to citizenship of the Russian Federation were expelled out of limits of the Russian Federation according to the Federal Law;

c) used false documents or reported obviously false data;

d) are in the military service, in service in security service or in law enforcement agencies of foreign state if other is not provided by the international treaty of the Russian Federation;

e) have not removed or unspent conviction for making of intentional crimes in the territory of the Russian Federation or beyond its limits, recognized by those according to the Federal Law;

e) are pursued in criminal procedure by competent authorities of the Russian Federation or competent authorities of foreign states for the crimes recognized by those according to the Federal Law (before adjudgement of court or decision making on case);

g) are condemned and serve custodial sanction for the actions pursued according to the Federal Law (before the punishment expiration).

15. Getting out of citizenship of the Russian Federation is not allowed if the citizen of the Russian Federation:

a) has the obligation which is not fulfilled in front of the Russian Federation established by the Federal Law;

b) it is attracted with competent authorities of the Russian Federation as the person accused on criminal case or concerning it there is conviction of court which took legal effect and subject to execution;

c) has no other nationality and warranties of its acquisition.

 

Requirements to places of execution of the state function

16. Reception of citizens of the Russian Federation, foreign citizens and stateless persons which addressed to foreign institutions concerning acquisition, the termination, determination of availability or lack of citizenship of the Russian Federation is performed in specially equipped premises of foreign institutions.

The bases of consideration of the applications about change of nationality in general procedure

17. In general procedure applications for admission in citizenship of the Russian Federation of the foreign citizens and stateless persons which reached age of eighteen years having capacity to act and living outside the Russian Federation are considered if the specified citizens and persons:

a) have special merits in front of the Russian Federation;

b) consist in nationality of the states which were part of the USSR and there pass at least three years military service under the contract in the Armed Forces of the Russian Federation, other troops, military forming or in bodies.

18. In general procedure applications of adoptive parents for getting out of citizenship of the Russian Federation of the child adopted (adopted) by foreign citizens or the foreign citizen and living outside the Russian Federation are considered provided that the child will not become the stateless person.

The bases of consideration of the applications about change of nationality in the simplified procedure

19. In the simplified procedure applications for admission in citizenship of the Russian Federation of the foreign citizens and stateless persons which reached age of eighteen years having capacity to act and living outside the Russian Federation are considered if the specified citizens and persons:

a) have at least one parent having citizenship of the Russian Federation and living in the territory of the Russian Federation;

b) had citizenship of the USSR, lived and live in the states which were part of the USSR did not obtain citizenship of these states and remain as a result of it stateless persons;

c) are citizens of the states which were part of the USSR, received average professional or higher education in educational institutions of the Russian Federation after July 1, 2002.

20. In the simplified procedure can be accepted in citizenship of the Russian Federation:

a) the child, one of parents of which has citizenship of the Russian Federation, - according to the statement of this parent and in the presence of the consent of other parent to acquisition by the child of citizenship of the Russian Federation;

b) the child whose single parent has citizenship of the Russian Federation, - according to the statement of this parent;

c) the child or incapacitated person over whom are established guardianship or custody, - according to the statement of the guardian or custodian, having citizenship of the Russian Federation.

21. In the simplified procedure the application for getting out of citizenship of the Russian Federation of the person who is living outside the Russian Federation and who is not taking the residence in the territory of the Russian Federation and the statement for getting out of citizenship of the Russian Federation of the child is considered, one of parents of which has citizenship of the Russian Federation, and other parent is foreign citizen or the single parent of which is foreign citizen.

 

Requirements to the documents necessary for execution of the state function

22. Foreign institutions are taken cognizance in the form established by the Presidential decree of the Russian Federation of November 14, 2002 N 1325 (appendices NN 1-4 to these Regulations):

a) the application for admission in citizenship of the Russian Federation in general procedure or in the simplified procedure for persons, including minor children and incapacitated persons concerning whom observance of condition about accommodation in the territory of the Russian Federation is not required;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info