As it became known, the President of the Russian Federation signed the law on the deportation of Russians in 2020, which has become the subject of numerous disputes and discussions at various levels. However, in fact, we are talking about the entry into force of individual amendments to the law on citizenship, which will affect residents of the Russian Federation living in the country with an unregulated legal status. To some extent, innovations neutralize the value of the Russian passport, since its presence will still not be able to protect against deportation in 2020.
The reality of mass expulsion
The passport does not determine the citizenship of a person, especially since such a document is issued only after coming of age. In fact, this is only an identity card that everyone should have.
When determining citizenship, a birth certificate is taken as a basis, which is primarily relevant for residents of the former USSR. But article 41.1 of Federal Law No. 62 defines the procedure and conditions for recognizing Russian citizenship for those who previously resided in the Union and received a Russian passport before July 1, 2002 without citizenship in the manner prescribed by law. Based on this provision, we can conclude that not every holder of an identity card is a full citizen of the country. And because of this, the deportation of Russians in 2020 can become a reality even for those who have long lived in the Russian Federation.
At the moment, lawmakers have not explained to which sections of the population this article will apply. But, according to some experts, residents of the former USSR who moved from other republics and began to live in the Russian Federation without actually obtaining citizenship may be in a kind of risk zone according to the procedure provided for by current legislation.
It is worth noting that these amendments were adopted a few years ago, but, given that the deportation of citizens of the Russian Federation is a rather complicated and sensitive issue, their implementation was postponed until 2020. And due to the fact that such a legislative act is not retroactive, people with unregulated legal status should as soon as possible take care of their "legalization" in the country.
Subject to Disputes
At first glance, it might seem that the deportation of Russians in 2020 will be inevitable if the former citizens of the Union and their children do not have time to acquire Russian citizenship or, like foreigners, apply for a residence permit. But the question remains where they will be evicted if they were actually born in Russia, and did not come to the country from other republics. While lawmakers have not explained how this will happen in practice, it can therefore be assumed that recommendations and comments on the law on the deportation of citizens of the Russian Federation in 2020 will appear in the media and on the Internet in the near future.
According to lawyers, in order to obtain the desired citizenship, it is necessary to apply to the Ministry of Internal Affairs with the appropriate statement as soon as possible. If such a moment is missed, then the Russians who are subject to the law on deportation will be forcibly evicted from the country in 2020.
But, as some experts frighten, due to the inconsistency of the adopted legal norm, it may be in an unpleasant situation when the submitted application does not save from eviction any time.This is due to the fact that you can become a full citizen only after obtaining such status in the manner prescribed by law, and not on the basis of a issued passport. And due to the fact that former residents of the Soviets received identity cards automatically without the appropriate procedure for entering citizenship, they may be at risk and measures may be taken for forced resettlement.
At the same time, lawyers believe that no one will bring the situation to the point of absurdity, especially since not everyone interprets the accepted legal norms correctly. Apparently, the legislators had in mind persons whose legal status corresponds not only to one, but to all mandatory conditions. Thus, the decision on deportation in 2020 can be made in relation to a resident of the Russian Federation, who:
- previously a citizen of the USSR;
- Received an identity card until 07/01/2002;
- permanently resides in Russia;
- does not have the citizenship of another country;
- upon receipt of a passport could not documently confirm the existence of legal grounds for the adoption of Russian citizenship.
Amendment Consequences
The population should not be afraid of the mass deportation of Russians from Russia in 2020, since such cases will be isolated. Most likely, such amendments are necessary to streamline certain legal processes for the adoption or renunciation of citizenship, and they should have been adopted a few years ago. Given the legacy of the USSR, the state is developing according to its own scenario, and there is still a need to close certain legislative gaps.
At the moment, lawyers are awaiting clarification and comments from government officials on the application of the law in practice. And as soon as they are received, it will become clear who should go through the procedure for accepting citizenship in order not to fall under the deportation law. In addition, an application form for the Ministry has not yet been developed, since the appropriate changes may be made to the sample used.
Another issue that casts doubt on the success of the implementation of this rule is how the authorized bodies will identify residents who have an uncertain legal status and must be evicted from the country. At the moment, it is unclear whether there are specialized databases where such information is accumulated, or whether such information is stored in archives, which will greatly complicate the process of obtaining them.
According to the norms of the law, if a resident of the Russian Federation does not have citizenship, and despite the presence of a Russian passport, for some reason does not want to accept it, then by April 1, 2020 he will have to leave the country on his own, otherwise it will be carried out by force. In any case, if a citizen is afraid of unpleasant consequences and does not know what his legal status is, he should better seek clarification from the Ministry of Internal Affairs or use the legal advice of a lawyer.
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