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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 28, 2023 No. 138-FZ

About citizenship of the Russian Federation

(as amended on 25-12-2023)

Accepted by the State Duma on April 18, 2023

Approved by the Federation Council on April 26, 2023

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law governs the relations in the field of citizenship of the Russian Federation, including the bases, conditions and procedure for acquisition and termination of citizenship of the Russian Federation are determined.

Article 2. Legal regulation of the relations in the field of citizenship of the Russian Federation

1. The legislation in the field of citizenship of the Russian Federation is based on the Constitution of the Russian Federation and consists of this Federal Law, other Federal Laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of federal executive bodies.

2. The relations in the field of citizenship of the Russian Federation can be governed by international treaties of the Russian Federation.

3. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 3. Operation of acts of the legislation in the field of citizenship of the Russian Federation in time

1. Acts of the legislation in the field of citizenship of the Russian Federation are applied to the relations which arose from the date of entry into force of these acts if they directly do not provide other.

2. Availability at person of citizenship of the Russian Federation about day of entry into force of this Federal Law or the availability fact at person in the past of citizenship of the USSR is determined based on the legal acts of the Russian Federation, RSFSR or the USSR, international treaties of the Russian Federation, RSFSR or the USSR existing on the date of approach of circumstances which availability at person of the corresponding nationality contacts.

Article 4. The basic concepts used in this Federal Law

1. For the purposes of this Federal Law the following basic concepts are used:

1) the citizen of the USSR - person which had citizenship of the USSR;

2) the citizen of the Russian Federation - person having citizenship of the Russian Federation;

3) citizenship of the Russian Federation - the stable legal bond of person with the Russian Federation which is expressed in total their mutual rights and obligations;

4) double citizenship - availability at the citizen of the Russian Federation of nationality (citizenship) of foreign state with whom the Russian Federation signs the international treaty on double citizenship;

5) the single parent (adoptive father) - person who is the parent (adoptive father) of the child if other parent (adoptive father) of the child is unknown, acknowledged incapacitated, died, is declared the dead, is acknowledged is unknown absent or is deprived of the parent rights or the place of its stay is not established;

6) nationality change - acquisition or the termination of citizenship of the Russian Federation;

7) the foreign citizen - the person who is not the citizen of the Russian Federation and having nationality (citizenship) of foreign state;

8) the foreign citizen or the person without citizenship who are constantly living in the Russian Federation - person having the residence permit in the Russian Federation;

9) the foreign citizen or the person without citizenship living in the Russian Federation - person having respectively the residence permit in the Russian Federation, permission to temporary residence in the Russian Federation, the temporary identity certificate of the stateless person in the Russian Federation, the visa and (or) the migration card either other document provided by the Federal Law or the international treaty of the Russian Federation confirming the right of person to stay or residence in the Russian Federation;

10) the stateless person - the person who is not the citizen of the Russian Federation and not having the evidence of availability of nationality (citizenship) of foreign state;

11) multiple nationality - availability at the citizen of the Russian Federation of nationality (citizenship) of foreign state with whom the Russian Federation does not sign the international treaty on double citizenship;

12) the child - person under the age of of eighteen years;

13) parents - the father (man) and mother (woman) of the child;

14) the territory of the Russian Federation - the territory of the Russian Federation within Frontier of the Russian Federation on the date of approach of the circumstances connected with acquisition or the termination of citizenship of the Russian Federation according to this Federal Law;

15) the territory of RSFSR - the territory of RSFSR within administrative border of RSFSR on the date of approach of the circumstances connected with acquisition or the termination of citizenship of the Russian Federation according to this Federal Law.

2. The concepts of other industries of the legislation of the Russian Federation used in this Federal Law are applied in that value in what they are used in these industries of the legislation of the Russian Federation if other is not provided by this Federal Law.

Article 5. Basic principles of citizenship of the Russian Federation

1. Citizenship of the Russian Federation is single and equal irrespective of the bases of its acquisition.

2. The citizen of the Russian Federation cannot be deprived of citizenship of the Russian Federation or the right to change it.

3. Accommodation of the citizen of the Russian Federation outside the Russian Federation does not stop his citizenship of the Russian Federation.

4. The citizen of the Russian Federation cannot be sent out of limits of the Russian Federation or is issued to foreign state.

5. The legislation in the field of citizenship of the Russian Federation does not may contain the provisions limiting the rights of persons on signs of social, racial, national, language or religious affiliation.

6. The Russian Federation encourages acquisition of citizenship of the Russian Federation by the persons without citizenship living in the Russian Federation.

Article 6. Provision of protection and protection the citizens of the Russian Federation who are outside the Russian Federation

1. Protection and protection of the Russian Federation are provided to the citizens of the Russian Federation who are outside the Russian Federation.

2. Public authorities of the Russian Federation, diplomatic representations and consular establishments, officials of the specified bodies, representations and organizations shall help that opportunity to have in full all rights established by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws conventional by the principles and rules of international law, international treaties of the Russian Federation, the laws and rules of the states of stay or accommodation of citizens of the Russian Federation and also opportunity to protect their rights and interests protected by the law was provided to the citizens of the Russian Federation who are outside the Russian Federation.

Article 7. Citizenship of the Russian Federation and scrap

1. The conclusion or annulment of marriage between the citizen of the Russian Federation and person which does not have citizenship of the Russian Federation does not involve change of nationality of specified persons.

2. Nationality change by one of spouses does not involve change of nationality of other spouse.

3. Annulment of marriage does not involve change of nationality been born and adopted (adopted) in this scrap children.

Article 8. Nationality of the child and incapacitated person

1. Nationality of the child follows nationality of parents (adoptive parents) or the single parent (adoptive father) according to this Federal Law.

2. Citizenship of the Russian Federation the child cannot be stopped if as a result of the termination of citizenship of the Russian Federation he becomes the stateless person.

3. If citizenship of the Russian Federation one of parents (adoptive parents) stops, and other parent (adoptive father) remains the citizen of the Russian Federation, their child keeps citizenship of the Russian Federation.

4. Citizenship of the Russian Federation the child can be stopped along with the termination of citizenship of the Russian Federation of one of parents (adoptive parents) in the presence of one of the following documents:

1) the written and notarially certified in accordance with the legislation of the Russian Federation consent of other parent (adoptive father) who is the citizen of the Russian Federation;

2) the judgment which took legal effect about the announcement of other parent (adoptive father) by the dead, or about its recognition is unknown absent, or about deprivation of its parent rights;

3) death certificate of other parent (adoptive father);

4) the statement of one of parents (adoptive parents) for lack at it of data on availability of objections of other parent (adoptive father) constituted in any form who is citizen of the Russian Federation and which location is unknown to the applicant, concerning the termination of citizenship of the Russian Federation of the child;

5) the certificate of birth of the child in which there is no record about other parent.

5. Nationality of the child does not change in case of change of nationality of his parents deprived of the parent rights. In case of change of nationality of the child the consent of his parents deprived of the parent rights is not required.

6. Citizenship of the Russian Federation the child or incapacitated person over which are established guardianship or custody of the foreign citizen can be stopped according to the procedure, provided by this Federal Law if it does not contradict interests of such child or incapacitated person.

7. The child who is the citizen of the Russian Federation in case of adoption (adoption) by his foreign citizens or the foreign citizen keeps citizenship of the Russian Federation. Citizenship of the Russian Federation the child adopted (adopted) by foreign citizens or the foreign citizen can be stopped according to the statement of both adoptive parents or the single adoptive father according to the procedure, provided by this Federal Law if it does not contradict interests of such child.

8. Acquisition of citizenship of the Russian Federation by the child aged from fourteen up to eighteen years or the termination of citizenship of the Russian Federation of such child requires its written consent. Authenticity of the signature of the child is witnessed according to the procedure, the determined regulations on procedure for consideration of questions of citizenship of the Russian Federation.

Article 9. The documents certifying citizenship of the Russian Federation

1. The main document certifying citizenship of the Russian Federation and the identity of the citizen of the Russian Federation in the territory of the Russian Federation is the passport of the citizen of the Russian Federation (further also - the passport).

2. All citizens of the Russian Federation who reached age of fourteen years and living in the Russian Federation shall have the passport.

3. Registration, issue, replacement, destruction of the passport and withdrawal of the invalid passport are performed by federal executive body in the sphere of internal affairs or its territorial authority. Withdrawal of the invalid passport at person which is outside the Russian Federation is performed by diplomatic representation or consular establishment.

4. The passport can be drawn up in document type on paper or in the form of other document including containing the electronic medium of information, determined by regulatory legal act of the President of the Russian Federation.

5. The regulations on the passport establishing procedure and terms of its registration, issue, replacement, destruction, effective period of the passport and procedure for its use, the list of the biometric personal data containing on the electronic medium of information, procedure for withdrawal of the invalid passport, procedure for accounting of passports and their forms and also samples of the form of the passport and description of the form of the passport affirm the Government of the Russian Federation taking into account requirements of this Federal Law.

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