ORDER OF THE FEDERAL MIGRATION SERVICE OF THE RUSSIAN FEDERATION

of March 19, 2008 No. 64

About approval of Administrative regulations of execution by the Federal Migration Service of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation

1. Approve the enclosed Administrative regulations of execution by the Federal Migration Service of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation.

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

3. To impose control of execution of this order on the deputy director of the Federal Migration Service of the major general of internal service N.M.Smorodin.

Appendix

Administrative regulations of execution by the Federal Migration Service of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation

I. General provisions

1. The administrative regulations of execution by the Federal Migration Service of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation <1> establish:

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<1> Further - "Administrative regulations".

procedure for execution of the state function by determination of availability of citizenship of the Russian Federation, acquisition or the termination of citizenship of the Russian Federation, coordination or variation, or cancellation of decisions concerning nationality, to conducting accounting of persons which changed nationality;

requirements imposed to procedure for execution of the state function, terms and the sequence of actions (ministerial procedures) of the Federal Migration Service <1> and territorial authorities of FMS of Russia <2>, procedure and forms of control of execution of the state function, procedure for appeal of actions (failure to act) for the official or the decision made by it, and also interaction of FMS of Russia, its territorial authorities and their structural divisions with federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies when implementing given power.

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<1> Further - FMS of Russia.

<2> Further - "territorial authorities".

2. Execution of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation is made by FMS of Russia and its territorial authorities.

In FMS of Russia and its territorial authorities execution of the legislation on citizenship of the Russian Federation is performed by authorized structural divisions.

In the course of execution of the state function within the competence also participate: Federal Security Service of the Russian Federation and its territorial authorities (Items 35, 37, 51 Regulations on procedure for consideration of questions of citizenship of the Russian Federation) <1>; Ministry of Internal Affairs of the Russian Federation and law-enforcement bodies of the Russian Federation (Items 36, 51 Provision).

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<1> It is approved by the Presidential decree of the Russian Federation of November 14, 2002 No. 1325. Further - "Provision".

2.1. The FMS of Russia, territorial authorities and their structural divisions when implementing powers in the sphere of implementation of the legislation on citizenship of the Russian Federation interact with the Commission on questions of nationality in case of the President of the Russian Federation, Russian President's Directorate for Protection of Citizens Constitutional Rights, Federal Security Service of the Russian Federation; Federal Tax Service, Ministry of Foreign Affairs of the Russian Federation, Ministry of Education and Science of the Russian Federation, Ministry of Health and Social Development of the Russian Federation, Ministry of Defence of the Russian Federation, judicial bodies, Ministry of Justice of the Russian Federation, other public authorities, organizations and organizations.

3. Execution of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation is performed according to:

3.1. The constitution of the Russian Federation of December 12, 1993 <1>;

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<1> "The Russian newspaper", 1993, No. 237.

3.2. The resolution of the Constitutional Court of the Russian Federation of May 16, 1996 No. 12-P <1>;

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<1> Russian Federation Code, 1996, No. 21, Art. 2579.

3.3. International treaties of the Russian Federation: The agreement on the simplified procedure for acquisition of nationality by the citizens of the Russian Federation arriving for permanent residence to the Republic of Kazakhstan and the citizens of the Republic of Kazakhstan arriving for permanent residence to the Russian Federation of January 20, 1995 <1>; The Agreement between the Russian Federation and the Kyrgyz Republic on the simplified procedure for acquisition of nationality by the citizens of the Russian Federation arriving for permanent residence to the Kyrgyz Republic, the citizens of the Kyrgyz Republic arriving for permanent residence to the Russian Federation and getting out of former nationality of March 28, 1996 <2>; The Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on the simplified procedure for acquisition of nationality of February 26, 1999 <3>; The contract between the Russian Federation and the Republic of Tajikistan on settlement of double citizenship of September 7, 1995 <4>; The Agreement between the Russian Federation and Turkmenistan on settlement of double citizenship of December 23, 1993 <5>.

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<1> Russian Federation Code, 2004, No. 42, Art. 4089.

<2> Russian Federation Code, 1997, No. 43, Art. 4905.

<3> Russian Federation Code, 2002, No. 39, Art. 3643.

<4> Russian Federation Code, 2005, No. 7, Art. 495.

<5> Russian Federation Code, 1996, No. 10, Art. 830.

3.4. The Federal Law of May 31, 2002 No. 62-FZ "About citizenship of the Russian Federation" <1>.

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<1> Russian Federation Code, 2002, No. 22, Art. 2031; 2003, No. 46, Art. 4447; 2004, No. 45, Art. 4377; 2006, No. 2, Art. 170; No. 31, Art. 3420; No. 49, Art. 6057; 2007, No. 50, Art. 6241.

3.5. Presidential decrees of the Russian Federation: of November 14, 2002 No. 1325 "About approval of the Regulations on procedure for consideration of questions of citizenship of the Russian Federation" <1>; of November 14, 2002 No. 1318 "About approval of the Regulations on the Commission on questions of nationality in case of the President of the Russian Federation" <2>; of July 19, 2004 No. 928 "Questions of the Federal Migration Service" <3>.

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<1> Russian Federation Code, 2002, No. 46, Art. 4571; 2004, No. 1, Art. 16; 2006, No. 45, Art. 4670.

<2> Russian Federation Code, 2002, No. 46, Art. 4570; 2006, No. 15, Art. 1584.

<3> Russian Federation Code, 2004, No. 30, Art. 3150; 2005, No. 19, Art. 1786; No. 52, Art. 5687; 2006, No. 32, Art. 3534; 2007, No. 13, Art. 1540.

3.6. The FMS of Russia, territorial authorities and their structural divisions when implementing powers in the sphere of implementation of the legislation on citizenship of the Russian Federation are also guided:

3.6.1. Tax Code of the Russian Federation <1>.

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<1> Russian Federation Code, 1998, No. 31, Art. 3824; No. 52, Art. 5037; 2006, No. 31, Art. 3420, Art. 3436; No. 30, Art. 3286; 2007, No. 1, Art. 21.

3.6.2. Federal Laws: of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" <1>; of January 10, 1996 No. 5-FZ "About foreign intelligence" <2>; of July 27, 2006 No. 152-FZ "About personal data" <3>; of July 18, 2006 No. 109-FZ "About migration registration of foreign citizens and stateless persons in the Russian Federation" <4>; of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" <5>; of May 24, 1999 No. 99-FZ "About state policy of the Russian Federation concerning compatriots abroad" <6>.

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<1> Russian Federation Code, 2002, No. 30, Art. 3032; 2007, No. 1, Art. 31.

<2> Russian Federation Code, 1996, No. 3, Art. 143; 2000, No. 46, Art. 4537; 2003, No. 27, Art. 2700; 2007, No. 8, Art. 934.

<3> Russian Federation Code, 2006, No. 31, Art. 3451.

<4> Russian Federation Code, 2006, No. 30, Art. 3285.

<5> Russian Federation Code, 2006, No. 19, Art. 2060.

<6> Russian Federation Code, 1999, No. 22, Art. 2670; 2002, No. 22, Art. 2031; 2006, No. 1, Art. 10; No. 31, Art. 3420.

3.6.3. Laws of the Russian Federation: of February 19, 1993 No. 4528-1 "About refugees" <1>; of October 18, 1991 No. 1761-1 "About recovery of victims of political repressions" <2>.

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<1> Russian Federation Code, 1997, No. 26, Art. 2956; 1998, No. 30, Art. 3614; 2000, No. 33, Art. 3348; No. 46, Art. 4537; 2003, No. 27, Art. 2700; 2004, No. 27, Art. 2711; 2006, No. 31, Art. 3420; 2007, No. 1, Art. 29.

<2> Russian Federation Code, 1995, No. 45, Art. 4242; 2000, No. 33, Art. 3348; 2003, No. 6, Art. 509; No. 43, Art. 4108; No. 52, Art. 5038; 2005, No. 27, Art. 2717.

3.6.4. The presidential decree of the Russian Federation of July 21, 1997 No. 746 "About approval of the Regulations on procedure for provision of political asylum by the Russian Federation" <1>.

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<1> Russian Federation Code, 1997, No. 30, Art. 3601; 2003, No. 49, Art. 4755.

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<1> Russian Federation Code, 2002, No. 45, Art. 4516; 2007, No. 5, Art. 667.

3.6.6. Orders: The Ministry of Internal Affairs of Russia of December 28, 2006 No. 1105 "About approval of Administrative regulations of the Federal Migration Service on provision of the state service in issue, replacement and on execution of the state function on accounting of the passports of the citizen of the Russian Federation proving the identity of the citizen of the Russian Federation in the territory of the Russian Federation" <1>; The Ministry of Internal Affairs of Russia of December 2, 2005 No. 983 "About approval of the Standard regulations on territorial authority of the Federal Migration Service" <2>; The Russian Defense Ministry of June 3, 2004 No. 168 "About approval of form of the petition for acceptance in citizenship of the Russian Federation" <3>; The Ministry of Taxes and Tax Collection of Russia of March 12, 2004 No. BG-3-23/192 @ "About approval of the Procedure for issue by tax authorities of documents on absence of debt on tax payment to the physical persons leaving citizenship of the Russian Federation" <4>; The Ministry of Education of Russia of February 18, 2004 No. 735 "About approval of the list of the educational organizations (organizations) holding the state testing on Russian as foreign foreign citizens and stateless persons for acceptance in citizenship of the Russian Federation" <5>; The Ministry of Education of Russia of June 20, 2003 No. 2606 "About the organization of the state testing for Russian as foreign foreign citizens and stateless persons for acceptance in citizenship of the Russian Federation" <6>; other regulatory legal acts.

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<1> Registration No. 8910 is registered in the Ministry of Justice of the Russian Federation on February 8, 2007.

<2> Registration No. 7269 is registered in the Ministry of Justice of the Russian Federation on December 13, 2005.

<3> registration No. 5871 Is registered in the Ministry of Justice of the Russian Federation on June 24, 2004.

<4> Registration No. 5698 is registered in the Ministry of Justice of the Russian Federation on April 1, 2004.

<5> Registration No. 5626 is registered in the Ministry of Justice of the Russian Federation on March 9, 2004.

<6> Registration No. 4898 is registered in the Ministry of Justice of the Russian Federation on July 14, 2003.

4. Resulting effect of execution of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation is:

the notification (notice) of the applicant (initiator) on availability or lack of citizenship of the Russian Federation, acceptance in citizenship of the Russian Federation, recovery in citizenship of the Russian Federation, getting out of citizenship of the Russian Federation, about variation of the statement for change of nationality or cancellation of the decision on nationality change;

registration of acquisition of citizenship of the Russian Federation on the birth according to the resolution of the Constitutional Court of the Russian Federation (with issue of the relevant document);

the certificate or registration of availability of citizenship of the Russian Federation on the birth (with issue of the relevant document or introduction of data);

coordination of the applications for change of nationality submitted to the diplomatic representations and consular establishments which are outside the Russian Federation (the Russian foreign organizations) <1>;

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<1> Further - RZU.

provision of information with use of general accounting of persons which changed nationality (with issue of the corresponding reference).

5. Informing the applicant by the direction of the notice on the made decision according to its statement for nationality change in a month from the date of decision or the edition by the President of the Russian Federation of the relevant decree as generally, and in the simplified procedure (Provision Item 39) is result of execution of the state function.

5.1. Concerning the child who acquired citizenship of the Russian Federation and living abroad execution of the state function is performed by the direction of the notice in diplomatic representation or consular establishment of the Russian Federation for its subsequent documentation by the passport of the citizen of the Russian Federation.

5.2. Concerning the person which reached age of 14 years and acquired citizenship of the Russian Federation, issue of the passport of the citizen of the Russian Federation (Provision Item 40) is result of execution of the state function.

5.3. Concerning person which did not reach the specified age, entering of information about the child into the passport of the parent (the passport of parents) consisting (consisting) in citizenship of the Russian Federation, and also putting down of the corresponding mark in the form of stamp about acquisition of citizenship of the Russian Federation in the certificate on its birth (Items 40, 45.4 Provisions) is result of execution of the state function.

5.4. To person which left citizenship of the Russian Federation it is issued:

- living in the territory of the Russian Federation - the corresponding residence permit;

- living abroad - the certificate of the termination of citizenship of the Russian Federation (Item 41 - 42 Provisions).

6. In case of execution of the state function on implementation of powers in the sphere of implementation of the legislation on citizenship of the Russian Federation by her receivers are:

6.1. The foreign citizens and stateless persons which reached age of 18 years and having capacity to act in acceptance cases in citizenship of the Russian Federation based on Article 13, parts one - the fifth article 14 of the Federal law "About Citizenship of the Russian Federation" <1>, recovery in citizenship of the Russian Federation based on article 15 of the Federal Law, check of the circumstances testimonial of availability or lack of citizenship of the Russian Federation, according to Provision Items 51 and 52.

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<1> Further - "Federal Law".

6.2. The foreign citizens who reached age of 18 years and having capacity to act in case of acceptance in citizenship of the Russian Federation based on the Item "g" of article 11 of the Federal Law.

6.3. Legal representatives of the child or incapacitated person who is the foreign citizen or the stateless person in acceptance cases in citizenship of the Russian Federation based on Article part six 14, Article parts one 24, parts one - the fourth Article 25, Article parts three 26, parts one - third article 27 of the Federal Law; determinations of availability of citizenship of the Russian Federation according to Provision Item 50; checks of the circumstances testimonial of availability or lack of citizenship of the Russian Federation, according to Provision Items 51 and 52.

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