of November 22, 2023 No. 889
Questions of citizenship of the Russian Federation
According to the Federal Law of April 28, 2023 "About citizenship of the Russian Federation" I decide No. 138-FZ:
1. Approve enclosed:
a) Regulations on procedure for consideration of questions of citizenship of the Russian Federation;
b) Regulations on procedure for bringing of the Oath of the citizen of the Russian Federation;
c) form sample with the text of the Oath of the citizen of the Russian Federation.
2. To the government of the Russian Federation in 3-month time:
a) provide implementation of the actions directed to implementation of this Decree;
b) bring the acts into accord with this Decree.
3. Determine that persons on whom decisions on acceptance in citizenship of the Russian Federation are made according to the Federal Law of May 31, 2002 No. 62-FZ "On citizenship of the Russian Federation" and which did not take the Oath of the citizen of the Russian Federation about day of entry into force of this Decree bring it within one year from the date of entry into force of this Decree. After the specified term such persons if they did not take the Oath of the citizen of the Russian Federation, are considered not acquired citizenship of the Russian Federation, and the decision on their acceptance in citizenship of the Russian Federation - invalid.
4. To the Ministry of Internal Affairs of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Defence of the Russian Federation, the Ministry of science and the higher education of the Russian Federation, the Ministry of Public Education of the Russian Federation and Federal Security Service of the Russian Federation in 6-month time to bring the regulatory legal acts in the sphere of citizenship of the Russian Federation into accord with this Decree.
5. Financing of the expenses connected with implementation of this Decree is performed within the budgetary appropriations provided in the federal budget to the Ministry of Internal Affairs of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation on management and management in the sphere of the established functions.
6. Recognize invalid presidential decrees of the Russian Federation according to the list according to appendix.
7. This Decree becomes effective from the date of its official publication.
President of the Russian Federation
V. Putin
Approved by the Presidential decree of the Russian Federation of November 22, 2023 No. 889
1. This Provision establishes procedure for registration, giving and consideration of the applications concerning citizenship of the Russian Federation, procedure for acceptance and execution of decisions on the specified questions, and also forms of such statements, the list of the necessary documents corresponding to the specific bases of acquisition or termination of citizenship of the Russian Federation, form of the notification on acquisition of nationality (citizenship) of foreign state or receipt of the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state (further - the notification on acquisition of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory), notifications on loss of nationality (citizenship) of foreign state or the residence permit or other document, the citizen of the Russian Federation confirming the right to permanent residence in the territory of foreign state (further - the notification on loss of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory), structure of the data included in these notifications and the list of the documents attached to them, the document form, the citizenship of the Russian Federation confirming acquisition on the birth.
2. The statement concerning citizenship of the Russian Federation (further - the statement) and the documents necessary for acquisition or termination of citizenship of the Russian Federation, move in the Ministry of Internal Affairs of the Russian Federation (the Ministry of Internal Affairs of Russia) or its territorial authority:
a) the citizen of the Russian Federation, the foreign citizen or the stateless person having registration at the place of residence or the place of stay in the Russian Federation - in the place of the residence or the place of the stay;
b) the citizen of the Russian Federation, the foreign citizen or the stateless person which do not have registration at the place of residence or the place of stay in the Russian Federation - in the place of the actual residence in the Russian Federation;
c) person having participant status of the State program on rendering assistance to voluntary resettlement to the Russian Federation the compatriots living abroad, the Russian Federation approved by the Presidential decree of June 22, 2006 No. 637 "About measures for rendering assistance to voluntary resettlement to the Russian Federation of the compatriots living abroad" (further - the State program), or the status of the member of the family of the participant of the State program, - in the place of the residence, the place of the stay or the place of the actual accommodation in the territory of the subject of the Russian Federation elected for resettlement.
3. The statement for recognition by the citizen of the Russian Federation based on Item of 1 part of 1 Article 19, parts 3 of article 44 of the Federal Law of April 28, 2023 No. 138-FZ "About citizenship of the Russian Federation" (further - the Federal Law), the application for admission in citizenship of the Russian Federation based on the decision of the President of the Russian Federation or the international treaty of the Russian Federation (if the corresponding procedure is established by the decision of the President of the Russian Federation or the international treaty of the Russian Federation) or based on parts 7 and 8 of Article 16, parts of 1 Article 43, parts 1 of article 44 of the Federal Law, the application for admission in citizenship of the Russian Federation in exclusive procedure, the application for admission in citizenship of the Russian Federation the child or incapacitated person, the statement for getting out of citizenship of the Russian Federation and the documents necessary for acquisition or termination of citizenship of the Russian Federation, move the citizen of the Russian Federation, the foreign citizen or the stateless person which are outside the Russian Federation in diplomatic representation or consular establishment of the Russian Federation.
4. The statement for change of nationality of the child or incapacitated person if other is not provided by this Provision, moves:
a) the parent (adoptive father) - at the place of residence, the place of stay or the place of the actual accommodation of the applicant or at the place of residence or the place of stay of the child or incapacitated person;
b) the guardian or the custodian - at the place of residence, the place of stay or the place of the actual accommodation of the applicant or at the place of residence or the place of stay of the child or incapacitated person;
c) the head of the Russian organization for orphan children and children without parental support in which under supervision the child, or the Russian educational organization, the medical organization, the organization rendering social services or other Russian organization in which incapacitated person, or guardianship and custody body, the acting as the guardian or the custodian concerning the child or incapacitated person, - in the organization location, in the location of guardianship and custody body or at the place of residence or the place of stay of the child or incapacitated person is placed under supervision is placed.
5. Availability at the child of the single parent is confirmed by the judgment about the announcement of other parent by the dead, or about its recognition is unknown absent, or about deprivation of its parent rights, either the death certificate of other parent, or the statement of one of parents constituted in any form about lack of the location information of other parent at it, or the certificate of birth of the child in which there is no record about other parent, or the certificate of the birth, confirmatory that data on the father of the child are entered in the birth statement based on the statement of mother of the child.
6. In the cases provided by the Federal Law and in the procedure established according to it the statement and documents attached to it, and also notifications on acquisition (loss) of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory can be submitted to territorial authority of the Ministry of Internal Affairs of Russia through the authorized Ministry of Internal Affairs of Russia the federal state unitary enterprise which is under its authority (further - jurisdictional enterprise), in the territory of Moscow - also through the organization authorized by this subject of the Russian Federation (further - authorized organization).
7. The statement is constituted in duplicate (everyone on the form). The statement concerning the child aged up to 14 years is constituted in one copy.
8. The application form is filled in in Russian with own hand by paste (ink) of black, blue or violet color or with use of electronic means. Each leaf of the statement is signed by the applicant in the right bottom corner in the field allocated for this purpose. The text of the statement executed by hand shall be legible. When filling the statement use of reducings and abbreviations, except for commonly accepted, and also introduction of corrections, availability of blots is not allowed.
9. All columns of the statement obligatory to filling, shall be completed, except for case if the circumstances necessary for the answer to question, no. In this case in the corresponding column the word "no" is put down or the appropriate section is not filled. Answers to the questions containing in the application form shall be exhaustive.
10. If in the graph of the statement there is not enough place for specifying of all necessary data, such data are specified on the sheets which are in addition enclosed to the statement which are integral part of the statement (further - amendment). At the same time in the corresponding column of the statement the record "See Amendment" is made.
11. On sheets of amendment number of the column which is supplemented is put down, and necessary data are specified. All sheets of amendment shall be numbered. Number of leaf and total quantity of sheets of amendment are specified in the right upper corner of each leaf of amendment. Number of copies of each amendment shall correspond to the number of copies of the statement. Each leaf of amendment is signed by the applicant in the right bottom corner.
12. In case of filing of application the applicant shows:
a) the identity document of the citizen of the Russian Federation, the foreign citizen or stateless person, and in case of lack of such document at the foreign citizen - the copy of the conclusion about identification of the foreign citizen issued by territorial authority of the Ministry of Internal Affairs of Russia in accordance with the legislation of the Russian Federation;
b) the document confirming availability or lack of nationality (the passport of the citizen, the certificate of the stateless person, the temporary identity certificate of the stateless person in the Russian Federation, the passport of the alien issued by relevant organ of foreign state or the documents on absence at the applicant of nationality of foreign state issued by authority of foreign state in which the applicant was born and authorities of foreign states in which nationality his parents (adoptive parents) or the single parent (adoptive father) consist;
c) the document confirming the residence or the place of stay of the applicant. In case of lack of such document the applicant specifies data on the place of the actual accommodation in the statement.
13. If data on nationality or on the residence or the place of stay of the applicant are confirmed by the document proving his identity, presentation of the additional documents certifying these data is not required.
14. For the purpose of decision making concerning citizenship of the Russian Federation the documents confirming residence of the citizen of the Russian Federation in the Russian Federation are:
a) the passport of the citizen of the Russian Federation certifying citizenship of the Russian Federation and the identity of the citizen of the Russian Federation in the territory of the Russian Federation (further - the passport of the citizen of the Russian Federation), with mark about registration at the place of residence;
b) the registration certificate at the place of residence (for persons under the age of of 14 years).
15. In the absence of the documents specified in Item 14 of this provision the fact of residence in the Russian Federation can be confirmed by the following documents, including proceeding from set of the data containing in them: the registration certificate in the place of stay, the address leaf of arrival (departure), the address reference issued by territorial authorities of the Ministry of Internal Affairs of Russia, the single housing document, the statement from the house register, the copy of apartment card, the document containing data on statement on military accounting, the military ID, the service record and (or) data on labor activity which are drawn up in the procedure established by the legislation of the Russian Federation, the certificate of territorial authority of Fund of pension and social insurance of the Russian Federation (Pension Fund of the Russian Federation) of award of pension, the reference from the place of detention on release, the statement from the pokhozyaystvenny book which form is applied till January 1, 2024. In case of lack of the called documents the fact of residence in the Russian Federation is confirmed by the archival reference, the statement from archive documents, the copy of the document of Archival fund of the Russian Federation and (or) other archive documents or the judgment about factual determination of residence of the citizen of the Russian Federation in the Russian Federation.
16. The document issued in connection with office or professional activity of person including the service or diplomatic passport, is not accepted by the bodies knowing cases on citizenship of the Russian Federation as the identity document and nationality of the applicant for the purpose of decision making concerning citizenship of the Russian Federation.
17. In case of absence at the applicant of the valid identity document, before adoption of the application for admission identification of the applicant in accordance with the legislation of the Russian Federation based on its written address is carried out to citizenship of the Russian Federation or about recognition by the citizen of the Russian Federation.
18. Together with the statement the applicant represents:
a) the certificate of birth of person concerning which the application is submitted (in the presence);
b) the documents (in one copy) confirming availability of the bases established by the Federal Law and observance of conditions of acquisition or the termination of citizenship of the Russian Federation;
c) three photos of person concerning whom the application is submitted (the size 3 x 4 centimeters), conforming to the requirements established by the Ministry of Internal Affairs of Russia (except for case of filing of application concerning the child who did not reach age of six years);
d) the receipt on payment of the consular fee and charges on account of compensation of actual expenses (if the application is submitted to diplomatic representation or consular establishment of the Russian Federation). The applicant has the right to submit the document confirming payment of the state fee for making of the actions connected with acquisition of citizenship of the Russian Federation or getting out of citizenship of the Russian Federation (if the application is submitted in the territory of the Russian Federation).
19. In case of change by the applicant of surname, name or middle name the documents testimonial of all cases of change of surname, name or middle name are submitted.
20. Lists of other documents submitted by the applicant corresponding to the specific bases and conditions of acquisition, termination or registration of availability of citizenship of the Russian Federation are provided in the Sections III-IX and XV of this provision.
21. In case of change of nationality of children aged from 14 up to 18 years or recognition by their citizens of the Russian Federation the written consent of each child is submitted. Such consent is given in any form. Authenticity of the signature of the child notarially makes sure in accordance with the legislation of the Russian Federation or makes sure the signature of the official and seal of the body knowing cases on citizenship of the Russian Federation, or the signature of the worker and seal of jurisdictional enterprise (authorized organization) in the presence of the child.
22. The official of the body knowing cases on citizenship of the Russian Federation, the employee of jurisdictional enterprise or authorized organization (further - the official) shall acquaint the applicant having the children including adopted (adopted) with provisions of article 8 of the Federal Law. In the corresponding column of the statement if it is not completed, the signature of the applicant about acquaintance with such provisions is put down.
23. Original documents, the applicant proving the identity, and other necessary documents submitted by the applicant are subject to return. Copies of these documents which compliance to originals is checked by the official join the statement and makes sure its sign and seal of the body knowing cases on citizenship of the Russian Federation, or seal of jurisdictional enterprise (authorized organization).
24. Information created in electronic form, signed by the digital signature in accordance with the legislation of the Russian Federation, is submitted in the document form on paper, the applicant certified by the sign manual.
25. The statement is constituted in Russian. All documents executed not in Russian are represented with the translation into Russian. Fidelity of the translation or authenticity of the signature of the translator shall be notarially certified in accordance with the legislation of the Russian Federation. Originals of the translation into Russian of the specified documents are subject to return. Their copies which compliance to originals is checked by the official join the statement and makes sure its sign and seal of the body knowing cases on citizenship of the Russian Federation, or seal of jurisdictional enterprise (authorized organization). If in the document executed not in Russian, all records are duplicated in Russian, representation of its translation into Russian is not required.
26. The documents issued by authority of foreign state for recognition their valid in the Russian Federation shall be legalized or on them the apostille shall be put down if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation.
27. If in accordance with the circumstances, specified in part 6 of article 32 of the Federal Law, the application cannot be submitted personally by the applicant, at its request it can be reported for consideration to the authorities knowing cases on citizenship of the Russian Federation through other person. In this case authenticity of the signature of the applicant and compliance of copies of the documents enclosed to the application to originals of these documents notarially make sure in accordance with the legislation of the Russian Federation. Authenticity of the signature of the applicant who is outside the Russian Federation makes sure the official of diplomatic representation or consular establishment of the Russian Federation authorized on that. The documents confirming availability of circumstances owing to which the applicant cannot personally submit the application, and also copies of identity documents of person who transferred the statement are in addition enclosed to the application. Compliance of copies of these documents to their originals is checked by the official and makes sure its sign and seal of the body knowing cases on citizenship of the Russian Federation, or seal of jurisdictional enterprise (authorized organization).
28. If the serviceman cannot personally submit the application, it can be reported for consideration to the authorities knowing cases on citizenship of the Russian Federation through other person or is directed by mail. At the same time authenticity of the signature of the serviceman and compliance of the copies of documents enclosed to the application to their originals make sure of the statement the signature of the commander of military unit (person fulfilling its duties) and seal of military unit.
29. In case of reception of an application the official checks documents, stipulated in Item the 12th this provision, correctness of execution of the statement and the documents submitted together with it, their compliance to the specific bases of acquisition or termination of citizenship of the Russian Federation, and also availability of all necessary documents. The fact of such check, compliance of the copies of documents enclosed to the application to their originals and authenticity signatures of the applicant are witnessed by the signature of the official on the statement. The signature of the official and the photo of the applicant are sealed the body knowing cases on citizenship of the Russian Federation with the image of the State Emblem of the Russian Federation. Data on adoption of the statement to consideration are entered into information systems of the bodies knowing cases on citizenship of the Russian Federation in day of adoption of the statement to consideration.
30. The statement together with the documents attached to it is deemed accepted to consideration from the date of:
a) filing of application personally applicant;
b) obtaining by the body knowing cases on citizenship of the Russian Federation, the statement transmitted through other person including through jurisdictional enterprise (authorized organization);
c) obtaining by the body knowing cases on citizenship of the Russian Federation, the application directed by mail in case, stipulated in Item the 28th this provision.
31. The statement is not taken cognizance and returns to the applicant together with the documents attached to it, in cases if:
a) the statement and documents are processed in an inadequate way, including contain slips, typographical errors or other mistakes;
b) the documents enclosed to the application necessary according to this Provision, are provided not in full.
32. In case of refusal in adoption of the statement to consideration the official who returned the application in written or oral form specifies the circumstances which formed the basis for such refusal and methods of their elimination. By the written request of the applicant the official in writing reports such circumstances and methods of their elimination, including with indication of the list of missing documents.
33. The foreign citizen or the stateless person in case of submission in the territory of the Russian Federation of the application for admission in citizenship of the Russian Federation or about recognition by the citizen of the Russian Federation undergoes obligatory state dactyloscopic registration (identification of the personality) according to the Federal Law of July 25, 1998 No. 128-FZ "About the state dactyloscopic registration in the Russian Federation". In case of filing of application through other person obligatory state dactyloscopic registration (identification of the personality) of the foreign citizen or stateless person is carried out according to the called Federal Law before filing of application.
34. In case of filing of application about acceptance or about recognition by the citizen of the Russian Federation outside the Russian Federation obligatory state dactyloscopic registration (identification of the personality) is carried out to citizenship of the Russian Federation according to the Federal Law of July 25, 1998 No. 128-FZ "About the state dactyloscopic registration in the Russian Federation" in day of the address of the corresponding person with the statement for issue of the passport of the citizen of the Russian Federation.
35. The statement is subject to registration. Registration number is put down on the statement. The reference confirming reception of an application to consideration and payment of the consular fee and charges on account of compensation of actual expenses is issued to the applicant. The form of such reference is established according to the Ministry of Internal Affairs of Russia and the Ministry of Foreign Affairs of the Russian Federation (MFA of Russia). In the reference registration number of the statement and the article (part, Item) of the Federal Law based on which the application is submitted are also specified.
36. In case of submission of the notification on acquisition of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory in form according to appendix No. 9 or 10, notifications on loss of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory in form according to appendix No. 11 or 12 are shown the following documents:
a) the passport of the citizen of the Russian Federation or other identity document of the citizen of the Russian Federation in the territory of the Russian Federation, or the passport of the citizen of the Russian Federation proving the identity of the citizen of the Russian Federation outside the territory of the Russian Federation (in case of submission of the notification by the citizen of the Russian Federation);
b) the identity document of the foreign citizen in the Russian Federation and recognized by the Russian Federation in this quality (in case of submission of the notification by the foreign citizen who is the legal representative of the citizen of the Russian Federation who did not reach age of 18 years or recognized as incapacitated);
c) the power of attorney on the right of submission of the notification which is notarially certified in accordance with the legislation of the Russian Federation, and one of the documents of the authorized representative of the applicant specified in the subitem "an" of this Item if the authorized representative is citizen of the Russian Federation, or the document specified in the subitem "b" of this Item if the authorized representative of the applicant is foreign citizen (in case of submission of the notification by the authorized representative of the citizen of the Russian Federation);
d) one of the following documents confirming the rights of the legal representative of the citizen of the Russian Federation who did not reach age of 18 years or recognized incapacitated (in case of submission of the notification concerning the citizen of the Russian Federation who did not reach age of 18 years or recognized as incapacitated):
the certificate of birth of the citizen of the Russian Federation who did not reach age of 18 years or other document issued by authority of the Russian Federation or foreign state as a witness of the act of registration of the birth of the child (further - the certificate of birth);
the certificate on adoption (adoption) of the citizen of the Russian Federation who did not reach age of 18 years in case of adoption (adoption) of the child (if in the certificate of birth of the child of the information about the adoptive father as the parent of the child are absent);
act of guardianship and custody body of appointment of a guardian or custodian;
e) the passport copy of foreign state of person concerning which the notification moves, or other document confirming availability at such person of nationality (citizenship) of foreign state, and (or) the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state (in case of submission of the notification on acquisition of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory);
e) the copy of the document testimonial of the termination of nationality (citizenship) of foreign state, or the data, testimonial of the termination of the right to permanent residence in the territory of foreign state (in case of submission of the notification on loss of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory).
37. Notifications on acquisition (loss) of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory are filled in with persons who give them, in Russian with own hand, is legible, printing letters, paste (ink) of black, blue or violet color without corrections, blots, reducings and abbreviations, except for commonly accepted, or with use of electronic means. In the notification all fields shall be filled. Copies of the submitted documents which compliance to originals is checked by the official join the notification and makes sure its sign and seal of the body knowing cases on citizenship of the Russian Federation, or seal of jurisdictional enterprise (authorized organization).
38. Notifications on acquisition (loss) of nationality (citizenship) of foreign state or the document on the right to live constantly in its territory are not accepted in cases:
a) fillings of the notification with violation of requirements, stipulated in Item the 37th this provision;
b) discrepancies of the data specified in the notification, to the data containing in the submitted documents;
c) non-presentations of documents, stipulated in Item the 36th this provision for submission of notifications depending on the specific bases;
d) invalidity of the identity document of person who submits the notification.
39. In case of acceptance based on part 1 of article 15 of the Federal Law together with the application for admission in citizenship of the Russian Federation constituted in form according to appendix No. 1, are represented to citizenship of the Russian Federation:
a) residence permit;
b) one of the documents confirming possession of Russian:
the document of the established sample (its duplicate) confirming education (not below the main general education) in the territory of the state which was part of the USSR, till September 1, 1991, or the education document of the established sample (its duplicate) or the education document and about the qualifications of the established sample (its duplicate) confirming education in the territory of the Russian Federation after September 1, 1991;
the education document and (or) about qualification, issued in the territory of foreign state by the educational organization of the higher education which was under joint authority of the Russian Federation and foreign state according to the international treaty of the Russian Federation and in which training was performed in Russian;
the document confirming education (not below the main general education), Russian issued in the territory of foreign state, in which is one of state languages (for citizens of this state);
the certificate confirming the level of proficiency in Russian necessary for the purposes of acquisition of citizenship of the Russian Federation, and issued in the territory of the Russian Federation or foreign state by the public institution included in the list of the public institutions holding examination in Russian as foreign, to history of Russia and bases of the legislation of the Russian Federation established by the Government of the Russian Federation. The procedure and criteria of inclusion of such public institutions in the specified list, procedure for maintaining the specified list, procedure and the bases of exception of it of public institutions, form and procedure for holding examination in Russian for the purposes of acquisition of citizenship of the Russian Federation, the requirement to level of proficiency in Russian for the purposes of acquisition of citizenship of the Russian Federation, the amount of payment for acceptance of examination, procedure and storage durations of materials of holding examination affirm the Government of the Russian Federation. The form of the certificate confirming the level of proficiency in Russian necessary for the purposes of acquisition of citizenship of the Russian Federation, procedure for its issue and technical requirements to the called certificate affirm the Ministry of science and the higher education of the Russian Federation. Data on the certificate are entered by the public institution which issued it into the federal information system "The Federal Register of Data on Education Documents and (or) about Qualification, Documents on Training";
the certificate on ownership of Russian, knowledge of history of Russia and bases of the legislation of the Russian Federation at the level answering the purpose of receipt of the residence permit;
the decision on recognition of the compatriot knowing Russian, the Ministry of Internal Affairs of Russia or its territorial authority accepted by the commission on recognition of compatriots knowing Russian;
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