Denaturalization in the Russian Federation and the United States of America: Comparative Legal Analysis
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Denaturalization in the Russian Federation and the United States of America: Comparative Legal Analysis
Abstract
PII
S1991-32220000622-3-1
Publication type
Article
Status
Published
Authors
Natalia Piryazeva 
Occupation: Lecturer, Department of State and Administrative Law, Institute of Law and Management, TulSU; Postgraduate Student, ILCL
Affiliation:
Tula State University
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Tula, Moscow, Russia
Edition
Pages
111-116
Abstract

Citizenship as a stable legal connection of a person with the state acts as a basis for the acquisition of a person of the entire set of rights and freedoms provided for by the legislation of the state. In the context of determining the provision of human rights as the main priority of the legislation development, the importance of the institution of citizenship increases significantly. The ban on the deprivation of citizenship of the Russian Federation additionally guarantees citizens the stability of their legal status. At the same time, in the Russian Federation there is a procedure for revoking decisions on admission to citizenship, applied in case of detection of the fact that the applicant submitted false information or forged documents during naturalization.

The article analyzes the specifics of cancellation of decisions on admission to citizenship. Based on the analysis of materials of judicial practice and consideration of individual cases of cancellation of decisions, the conclusion is formulated that some gaps in legislation lead to a violation of the right to Russian citizenship. In addition to the Russian experience, the practice of applying the mechanism of denaturalization of citizens in case of concealment of a material fact or deliberate misleading when applying for US citizenship is considered. Based on a comparative legal analysis of the Russian and US legislation, the author comes to the conclusion that the procedure leading to the loss of the status of a citizen, applied in the two states exclusively in relation to naturalized persons, to some extent makes unequal the status of citizens who acquired citizenship as a result of birth admission. The position is formulated on the need for further improvement of legislation on citizenship in order to minimize cases of violation of the right to citizenship provided by a number of international acts.

Keywords
citizenship, the right to citizenship, naturalization, denaturalization, filiation, admission to citizenship
Date of publication
26.10.2023
Number of purchasers
10
Views
89
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0.0 (0 votes)
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References



Additional sources and materials

1. Spiro P. C. J. Citizenship: What Everyone Needs to Know. Oxford University Press, 2019. 
2. Grenaderova K. M., Buturlina E. S. Citizenship as an element of the constitutional and legal status of an individual in the Russian Federation. In: Scientific support of the agro-industrial complex: collection. Art. by 71st scientific-practical conf. (Krasnodar, April 12, 2016). Krasnodar, 2016. (In Russ. ).

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