of November 14, 2002 No. 1325
About approval of the Regulations on procedure for consideration of questions of citizenship of the Russian Federation
In pursuance of the Federal Law of May 31, 2002 "About citizenship of the Russian Federation" I decide No. 62-FZ:
1. Approve the enclosed Regulations on procedure for consideration of questions of citizenship of the Russian Federation.
2. For the purpose of coordination of actions for execution of the Federal Law "About Citizenship of the Russian Federation" to the Ministry of Internal Affairs of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation and Federal Security Service of the Russian Federation till December 1, 2002 to develop the joint instruction about their interaction by consideration of questions of citizenship of the Russian Federation.
3. Recognize invalid:
The presidential decree of the Russian Federation of April 10, 1992 No. 386 "About approval of the Regulations on procedure for consideration of questions of citizenship of the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 17, the Art. 952);
The presidential decree of the Russian Federation of December 27, 1993 No. 2299 "About modification and amendments in Regulations on procedure for consideration of questions of citizenship of the Russian Federation" (Collection of acts of the President and the Government of the Russian Federation, 1994, No. 4, the Art. 302);
The presidential decree of the Russian Federation of October 24, 1994 No. 2007 "About some questions of implementation of the Law of the Russian Federation "About citizenship of the Russian Federation" (The Russian Federation Code, 1994, No. 27, the Art. 2854);
The presidential decree of the Russian Federation of May 17, 2000 No. 865 "About entering of amendments into the Regulations on procedure for consideration of questions of citizenship of the Russian Federation approved by the Presidential decree of the Russian Federation of April 10, 1992 No. 386 "About approval of the Regulations on procedure for consideration of questions of citizenship of the Russian Federation" (The Russian Federation Code, 2000, No. 21, the Art. 2167).
4. 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 14, 2002 No. 1325
This Provision accepted according to the Federal Law "About Citizenship of the Russian Federation" (the Federal Law hereinafter is referred to as further), establishes procedure for consideration of the applications concerning citizenship of the Russian Federation, acceptance, execution and cancellation of decisions on the specified questions, and also forms of statements and the list of the necessary documents corresponding to the specific bases of acquisition or termination of citizenship of the Russian Federation.
1. The statement concerning citizenship of the Russian Federation (further hereinafter is referred to as - the statement) and the documents necessary for acquisition or termination of citizenship of the Russian Federation, move at the place of residence of the applicant:
person living in the territory of the Russian Federation - in territorial authority of the Ministry of Internal Affairs of the Russian Federation;
the person who is living outside the Russian Federation and not taking residences in the territory of the Russian Federation - in the diplomatic representation or consular establishment of the Russian Federation which are outside the Russian Federation.
1.1. The application for admission in citizenship of the Russian Federation in the simplified procedure according to part seven of article 14 of the Federal Law and the documents necessary for acquisition of citizenship of the Russian Federation move in territorial authority of the Ministry of Internal Affairs of the Russian Federation at the place of residence or in the place of stay of the applicant.
2. The statement is constituted in duplicate (everyone on the form) in the form corresponding to the specific bases of acquisition or termination of citizenship of the Russian Federation (appendices No. 1 - 6, 8). The statement for registration of availability of citizenship of the Russian Federation on the birth or in case of adoption (adoption) is constituted in one copy on the form (appendix No. 7).
3. The application blank is filled in by hand or with use of technical means (typewriters, computers). When filling the application blank use of reducings and abbreviations, and also introduction of corrections is not allowed. Answers to the questions containing in the application blank shall be exhaustive. The text of the statement executed by hand shall be legible.
4. In case of filing of application the applicant shows to the official of the authority knowing cases on citizenship of the Russian Federation (further hereinafter is referred to as - the official), the documents proving his identity, nationality or lack of nationality and also the documents confirming the residence of the applicant. Production of documents, certifying nationality of the applicant and confirming its residence, is not required if these data contain in the identity document of the applicant.
The statement of person proving the identity and nationality the document issued in connection with its office or professional activity, including the service passport or the diplomatic passport is not taken cognizance.
In case of change by the applicant of the surname, name or middle name in the authority knowing cases on citizenship of the Russian Federation (further - authority), the documents testimonial of change of surname, name or middle name are submitted.
The applicant who filed petition for recognition by his citizen of the Russian Federation according to article 41.2 of the Federal Law or about acceptance in citizenship of the Russian Federation according to article 41.3 of the Federal Law in case of absence at it the valid identity document, and also documents confirming nationality and the residence in case of filing of application shows to the official of authority the document containing its personal data.
5. Together with the statement (appendices No. 1 - 6, 8) are submitted 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, three photos of the applicant or person concerning whom the application (the size 3 x 4 centimeters), and also the receipt on payment of the state fee or the consular fee is submitted.
Lists of the documents corresponding to the specific bases of acquisition, termination or registration of citizenship of the Russian Federation are provided in Sections II, II. 1, III and VI this provision.
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 makes sure is testified in accordance with the legislation of the Russian Federation to notariate or makes sure the signature of the official and seal of authority in the presence of the child.
The official shall acquaint the applicant having children with provisions of Articles 24, of 25, 41.2 and 41.3 Federal Laws and to find out his opinion on change of nationality of children or on recognition by their citizens of the Russian Federation.
6. Original documents, the applicant (the passport and (or) the residence permit) 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 is assured him by the sign and seal of authority.
Paragraph two of ceased to be valid
In case of absence at the applicant who filed petition for recognition by his citizen of the Russian Federation according to article 41.2 of the Federal Law or about acceptance in citizenship of the Russian Federation according to article 41.3 of the Federal Law, the valid document proving his identity, compliance to the original of the copies of documents enclosed to the application it is checked by the official of territorial authority of the Ministry of Internal Affairs of the Russian Federation and assured him by the sign and seal of this body.
7. The statement is constituted in Russian. All documents submitted together with the statement executed not in Russian are subject to the translation into Russian. Fidelity of the translation or authenticity of the signature of the translator shall be attested in accordance with the legislation of the Russian Federation about notariate. 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 is assured him by the sign and seal of authority.
The documents issued by competent 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.
8. The statement is deemed accepted to consideration from the date of giving by the applicant of all necessary and properly processed documents with the personal signature of the applicant and date. In the cases provided by part two of article 33 of the Federal Law, the application at the request of the applicant can be signed by other person whose authenticity of the signature shall be attested in accordance with the legislation of the Russian Federation about notariate.
If in accordance with the circumstances, specified in part three of article 32 of the Federal Law and documented, the applicant transmits the statement and necessary documents through other person or directs them by mail, the statement is deemed accepted to consideration from the date of its obtaining by authority provided that this statement and documents attached to it are processed properly.
9. The statement and documents processed in an inadequate way are not taken cognizance and return to the applicant, except for the case provided by the paragraph the eighth Item 12 of this provision.
Submission of false documents by the applicant or the message of obviously false data is the basis for statement variation.
9.1. The decision on statement variation on the basis provided by the paragraph the second Item 9 of this provision is accepted by authority in case:
a) representations by the applicant of the documents containing unreliable information about the applicant (false documents) or messages it obviously false information about (surname, name, middle name, date, the birthplace, nationality or lack of nationality);
b) submissions by the applicant of false documents on availability of the bases established by the Federal Law and observance of conditions of acquisition or the termination of citizenship of the Russian Federation or the message by the applicant of obviously false data on it.
10. The foreign citizens and stateless persons which reached age of 18 years and having capacity to act can be accepted in citizenship of the Russian Federation in general procedure based on article 13 of the Federal Law.
In case of acceptance in citizenship of the Russian Federation based on part one of article 13 of the Federal Law together with the application for admission in citizenship of the Russian Federation (appendix No. 1) are represented:
residence permit. Submission of the residence permit is not required from persons having the status of the refugee in the territory of the Russian Federation. For the persons which arrived to the Russian Federation till July 1, 2002 and not having the residence permit, the term of accommodation is in the territory of the Russian Federation estimated from the date of registration at the place of residence in the territory of the Russian Federation and is confirmed by the passport of the citizen of the USSR of sample of 1974 with mark about registration date at the place of residence in the territory of the Russian Federation or the registration certificate at the place of residence in the territory of the Russian Federation granted to the identity document of the foreign citizen, marked about date of issue. In the absence of these documents at the person which arrived to the Russian Federation till July 1, 2002 and not having the residence permit in citizenship of the Russian Federation are specified in the application for admission date (dates) of registration at the place of residence in the territory of the Russian Federation and the address (addresses) of the residence, and in case of removal from registration accounting - also date (dates) of removal from registration accounting at the place of residence in the territory of the Russian Federation;
the documents (document) confirming (confirming) availability of legal source of means of livelihood and size of the income for the period of accommodation in the territory of the Russian Federation from January 1 to December 31 the year preceding date of the address with the application for admission to citizenship of the Russian Federation (the certificate of the income of the applicant, the tax declaration on income tax with mark of tax authority the reference, the employment contract, 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 pension certificate or the certificate of territorial authority of the Pension Fund of the Russian Federation of award of pension, assurance of receipt of the alimony, the certificate of contribution availability in credit institution with indication of account number, the certificate on the right to inheritance, the certificate of the income of person dependent on which there is applicant, or other document confirming receipt of the income from the activities which are not forbidden by the law);
paragraph fifth ceased to be valid
The applicant also submits the document confirming possession of it of Russian at the level sufficient for communication in oral and written form in the conditions of the language circle. Possession of Russian at the specified level is confirmed of one of the following documents:
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 certificate on passing of the state testing on Russian as to foreign language (in amount not below basic level of ownership of Russian as foreign language), issued in the territory of the Russian Federation or abroad by the educational organization which is included in the list of the educational organizations holding the state testing on Russian as to foreign language approved by the Ministry of science and the higher education of the Russian Federation. The procedure and criteria of inclusion of the educational organizations in the specified list, form and procedure for conducting such testing, levels of proficiency in Russian as foreign language and requirements to them, form, procedure for issue of the certificate on passing of the state testing on Russian as to foreign language and technical requirements to the called certificate affirm the Ministry of science and the higher education of the Russian Federation;
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, No. 115-FZ provided by the subitem 1 of Item 1 of article 15.1 of the Federal Law of July 25, 2002 "About legal status of foreign citizens in the Russian Federation";
the education document issued in the territory of foreign state in which Russian is one of state languages (for citizens of this state);
the decision on recognition of the applicant by the native speaker of Russian made by the commission of the Ministry of Internal Affairs of the Russian Federation or territorial authority of the Ministry of Internal Affairs of the Russian Federation on recognition of the foreign citizen or stateless person by the native speaker of Russian (further hereinafter is referred to as - the commission on recognition of the foreign citizen or stateless person by the native speaker of Russian).
Are exempted from submission of the documents confirming possession of Russian:
the men who reached age of 65 years and the women who reached age of 60 years;
incapacitated persons;
disabled people of the I group.
11. In the presence of at least one of the bases provided by part two of article 13 of the Federal Law together with the documents listed in Item 10 of this provision are represented:
a) person having high achievements in the field of science, the equipment and culture and also person having the profession or qualification which are of interest to the Russian Federation - the motivated petition of the interested federal executive body or the management official (the head of the supreme executive body of the government) of the subject of the Russian Federation for acceptance of the applicant in citizenship of the Russian Federation or the document issued by autonomous nonprofit organization "Russia — the Country of Opportunities" confirmatory that person who filed the application for admission in citizenship of the Russian Federation is winner of the all-Russian competition held by the specified autonomous nonprofit organization;
b) person who is granted political asylum in the territory of the Russian Federation, - the certificate on provision to it political asylum;
c) person recognized as the refugee in accordance with the legislation of the Russian Federation - the document confirming recognition by his refugee.
12. Acceptance in citizenship of the Russian Federation according to part three of article 13 of the Federal Law is performed in the presence of the statement of person having special merits in front of the Russian Federation based on the address to the President of the Russian Federation of federal body of the government or the management official (the head of the supreme executive body of the government) of the subject of the Russian Federation and if person having special merits in front of the Russian Federation is winner of the all-Russian competition held by autonomous nonprofit organization "Russia — the Country of Opportunities" - based on the appeal of the specified autonomous nonprofit organization.
In the address special merits of person in front of the Russian Federation which outstanding achievements in the field of science, technicians, productions, cultures, sport, the significant contribution to development of society and economy, ensuring defense capability and safety of the Russian Federation and other merits promoting increase in the international prestige of Russia are are specified.
Person having special merits in front of the Russian Federation federal body of the government the management official (the head of the supreme executive body of the government) of the subject of the Russian Federation or autonomous nonprofit organization "Russia — the Country of Opportunities" notifies on intention to appeal to the President of the Russian Federation about acceptance in citizenship of the Russian Federation in writing territorial authority of the Ministry of Internal Affairs of the Russian Federation either diplomatic representation or consular establishment of the Russian Federation (depending on the residence of person having special merits in front of the Russian Federation).
In the presence of such notification person having special merits in front of the Russian Federation constitutes the statement (appendix No. 1 or No. 2) which correctness of filling and compliance of the information about the applicant specified in it to the shown documents are checked by the official of territorial authority of the Ministry of Internal Affairs of the Russian Federation or diplomatic representation or consular establishment of the Russian Federation. The specified official also certifies authenticity of the signature of the applicant.
The issued application together with the notification and the copy of the identity document of the applicant, without conducting checks on accounting of law-enforcement bodies goes to the relevant federal body of the government to the corresponding management official (the head of the supreme executive body of the government) of the subject of the Russian Federation or to autonomous nonprofit organization "Russia — the Country of Opportunities". The specified statement is attached to the address addressed to the President of the Russian Federation.
Before representation to the President of the Russian Federation the address and the statement go the Commission on questions of nationality in case of the President of the Russian Federation to Federal Security Service of the Russian Federation for receipt of the conclusion.
For objective assessment of merits of person in front of the Russian Federation additional data and the conclusions from federal bodies of the government or from public authorities of subjects of the Russian Federation can be requested.
Addresses, statements and documents processed in an inadequate way or provided with violation of established procedure are not subject to consideration if other decision is not made by the President of the Russian Federation.
12.1. In case of acceptance in citizenship of the Russian Federation the military personnel based on part four of article 13 of the Federal Law together with the application for admission in citizenship of the Russian Federation in general procedure (appendix No. 1 or No. 2) are represented:
the petition of the central body of the military management knowing questions of completing of the Armed Forces of the Russian Federation, other troops, military forming and bodies which effective period and form are established by the Ministry of Defence of the Russian Federation;
one of the documents listed in Item 10 of this provision confirming possession of Russian;
the obligation about getting out of the available other nationality constituted in any form with the signature of the applicant witnessed by the commander of military unit.
The military personnel passing military service in the territory of the Russian Federation submits the application and the specified documents to territorial authority of the Ministry of Internal Affairs of the Russian Federation in the place of passing of military service, and the military personnel passing military service outside the Russian Federation - to diplomatic representation or consular establishment of the Russian Federation.
If the serviceman cannot personally submit the application and the specified documents, they can be reported to authorities through other person or are 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 originals make sure of the statement the commander of military unit.
13. The foreign citizens and stateless persons which reached age of 18 years and having capacity to act can be accepted in citizenship of the Russian Federation in the simplified procedure based on parts one - the fifth and seventh article 14 of the Federal Law.
14. The foreign citizens and persons without citizenship specified in Item 13 of this provision, living in the territory of the Russian Federation depending on availability of the bases established by the Federal Law and conditions of acquisition of citizenship of the Russian Federation together with the application for admission in citizenship of the Russian Federation (appendix No. 1) represent:
a) ceased to be valid
b) in case of acquisition of citizenship of the Russian Federation based on part one of article 14 of the Federal Law:
residence permit;
paragraph third ceased to be valid
one of the documents listed in Item 10 of this provision confirming possession of Russian if the applicant is not exempted according to the called Item from submission of these documents;
one of the documents confirming availability at the applicant of citizenship of the USSR in the past (the certificate of birth granted by body of civil registration in the territory of the USSR by either diplomatic representation or consular establishment of the USSR in the territory of foreign state. If the certificate of birth is granted by body of foreign state, documents, confirmatory that the applicant consisted in citizenship of the USSR in the past, the relevant official data of authority, or the reference of authority of other state which was part of the USSR on exchange of the passport of the citizen of the USSR for the document of the stateless person, or the passport of the citizen of the USSR can serve);
c) ceased to be valid
d) in the presence of at least one of the bases provided by part two of article 14 of the Federal Law - the residence permit and one of the documents listed in Item 10 of this provision confirming possession of Russian if the applicant is not exempted according to the called Item from submission of these documents, and also:
the person who was born in the territory of RSFSR and having citizenship of the former USSR - the certificate of birth granted by body of civil registration. In case of lack of the specified certificate the document, confirmatory that the applicant was born in the territory of RSFSR and consisted in citizenship of the USSR in the past, the passport of the citizen of the USSR of sample of 1974 in which the corresponding data are entered is;
person who is married at least three years to the citizen of the Russian Federation living in the territory of the Russian Federation - the marriage certficate and the passport of the citizen of the Russian Federation the spouse living in the territory of the Russian Federation with mark about registration at the place of residence or the copy of this passport with mark about registration at the place of residence certified in accordance with the legislation of the Russian Federation about notariate;
person having the capable son or the daughter who reached age of 18 years and consisting in citizenship of the Russian Federation - the certificate of birth and the passport of the citizen of the Russian Federation of the son or the daughter, and in case of adoption (adoption) of the child and absence in the certificate on its birth of specifying of the adoptive father as the child's parent also the certificate on adoption;
person having the child who is the citizen of the Russian Federation if other parent of this child who is the citizen of the Russian Federation died or the judgment which took legal effect it is acknowledged it is unknown absent, incapacitated or limited in capacity to act, it is deprived of the parent rights or is limited in the parent rights, - the certificate of birth of the child, the passport of the citizen of the Russian Federation (for the children who reached age of 14 years), the death certificate of other parent or the copy certified in accordance with the established procedure taken legal effect of the specified judgment;
person having the son or the daughter who reached age of 18 years, being citizens of the Russian Federation and the judgment which took legal effect recognized incapacitated or limited in capacity to act if other parent of such son or the daughter who is the citizen of the Russian Federation died or the judgment which took legal effect it is acknowledged it is unknown absent, incapacitated or limited in capacity to act, it is deprived of the parent rights or is limited in the parent rights, - the certificate of birth of the son or daughter, the passport of the citizen of the Russian Federation of the son or the daughter, the death certificate of other parent or certified in accordance with the established procedure the copy taken legal effect specified the judgments, and also certified in accordance with the established procedure the copy taken legal effect of the judgment about recognition of the son or daughter incapacitated or is limited by capable;
the person who received after July 1, 2002 professional education according to the educational programs of secondary professional education, programs of bachelor degree, programs of specialist programme, programs of magistracy, programs of internship, programs of assistantship training having the state accreditation, or for programs of preparation scientific and research and educational personnel in postgraduate study (graduate military course) in the educational or scientific organizations of the Russian Federation in its territory and performing labor activity in the Russian Federation in total at least one year about day of the address with the application for admission to citizenship of the Russian Federation - the document of the state sample on the education level and (or) qualification (the document on primary professional or secondary professional education either on the highest professional or about postgraduate professional education) received till September 1, 2013 inclusive or the education document and about qualification, received later September 1, 2013 (including appendix to each of the specified documents), or the certificate on the termination of postgraduate study (graduate military course), and also the documents confirming implementation of such labor activity in the Russian Federation: the service record (the copy of the service record certified in accordance with the established procedure by the employer), and (or) the data on labor activity which are drawn up in the procedure established by the legislation of the Russian Federation and (or) employment contracts or civil agreements on performance of works (rendering services), the information on condition of individual personal account of insured person provided by territorial authority of the Pension Fund of the Russian Federation in the form approved by the Pension Fund of the Russian Federation;
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