Posted 30 декабря 2021, 16:48

Published 30 декабря 2021, 16:48

Modified 24 декабря 2022, 22:37

Updated 24 декабря 2022, 22:37

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Question of the day: does the Constitution allow the deprivation of citizenship of Russians by birth?

30 декабря 2021, 16:48
Фото: Фото: Соцсети
The initiative of Deputy Khinshtein to legislatively expand the grounds for depriving Russian citizenship has caused a violent reaction on social networks.

As Novye Izvestia has already reported, on December 29, Putin submitted to the State Duma a bill that would reduce the number of requirements for more than 20 categories of persons when accepting Russian citizenship, as well as expanding the powers of the President of the Russian Federation to determine the categories of persons who are eligible for simplified acquisition Russian citizenship. There is also a clause providing for a procedure for terminating citizenship. It is possible only in relation to those who received citizenship by decision of the authorities, and not by birthright.

Since the Constitution of the Russian Federation prohibits depriving Russians of citizenship, it was this point that caused an ambiguous reaction in the media and social networks. Added fire to the discussion by State Duma deputy Alexander Khinshtein, who in his channel proposed expanding the grounds for depriving Russian citizenship by adding opposition activities there:

“Correct and necessary initiatives of the President. But I would also expand the grounds for depriving Russian citizenship. So that it was possible to deprive those who received it by birthright. Sometimes you listen to the revelations of our oppositionists and think: why do you need a Russian passport if you hate your country and your people?"

A flurry of comments on this matter angered Khinstein: “Unfortunately,“ hatred of the country ”is not a legal category. I recommend that journalists circulating the news that "the deputy of the State Duma proposed to deprive the opposition of citizenship", carefully read my post in the Telegram"

Publicist Anatoly Nesmiyan writes about what such an initiative is fraught with:

“Strictly speaking, it is not entirely clear how deprivation of citizenship can be spelled out in the law at all, if Article 6 of the Constitution in Clause 3 directly states that a citizen of the Russian Federation cannot be deprived of it. The law itself applies only to naturalized citizens - that is, those who received it not by birth. Which, generally speaking, again casts doubt on its constitutionality, since citizens are equal before the law. That is, the division into naturalized citizens and citizens by birth is impossible. It does not matter how you received citizenship, it is important that you are now a citizen, which means: see the Constitution of the Russian Federation, article 6, paragraph 3.

The list of grounds for depriving people of their citizenship contains strictly political points: organization and participation in extremist communities, as well as justification of terrorist activities. Simply put - he transferred a ruble donat to Navalny - a passport on the table. Participated in financing. Wrote a wrong comment on the social network - they can issue them as an accomplice of terrorists, or at least as an excuse for terrorism. Please come out without your belongings. How Russian courts handle such cases is well known.

Deputy Khinshtein proposed to extend the effect of the law on deprivation of citizenship to citizens of the Russian Federation by birth. Let me remind you that Putin introduced amendments to the law regulating the deprivation of citizenship of naturalized citizens of the Russian Federation.

If Putin's proposals can still be somehow implemented by canceling the earlier decisions on granting citizenship (although there are extremely serious issues here too), then depriving citizens of citizenship by birth is expressly prohibited by the Constitution. Moreover, this prohibition is recorded in an article that cannot be edited and edited at all. In order to change at least a letter in the articles of the first sections of the Constitution, it is necessary to abolish the entire Constitution, write and adopt a new one. In compliance with all the required procedures..."

Publicist Ivan Davydov sarcastically remarks:

“I would have deprived everyone, by the way. Except, of course, members of United Russia and their friends. And then let them pass the exam for loyalty to the throne. And then they took the fashion to wave their passports. You have to earn a passport!"

Yulia Fridman proposes an ingenious development of this initiative:

“I think some can be issued with dual citizenship of the Russian Federation. If there is merit to the fatherland. Or triple! Three times a citizen of the Russian Federation! Sounds".

Analyst Viktor Buravlev reasonably suggests:

"Moreover, Roskomnadzor will make a decision on deprivation of citizenship in a simplified manner, and it will be necessary to appeal against such a decision and restore citizenship through the courts and for a separate fee..."