Citizenship of the Russian Federation. The main reasons for the refusal to obtain citizenship of the Russian Federation: to whom and why they can be refused Denied citizenship of the Russian Federation what to do


As a rule, the final stage of a long process of integration into a foreign society is the acquisition of the right to be called a citizen of their new homeland - obtaining a national passport. But, even after going through all the difficulties and vicissitudes, one cannot be completely sure that the result will be positive. The reasons for refusing citizenship of the Russian Federation can be so diverse that it is better to familiarize yourself with them first, and only then proceed to change your citizenship.

Why the decision may be negative

There are many reasons why representatives of foreign powers seek to move to Russia. A significant part of them has an economic background and a desire to move to more developed country with great opportunities to realize their professional potential. The bulk of migrants are from neighboring countries, the so-called post-Soviet space. But few of them realize how complex and ornate the legalization procedure on Russian territory is.

More details can be found here.

Having decided on such a difficult step, it should always be understood that the acceptance or rejection of an application for the assignment of civil status depends on a number of factors that must be taken into account already at the initial stages of integration into society.

The most common reasons for the negative outcome of the case are set out in the Federal Law “On Citizenship of the Russian Federation” No. 62-FZ, which regulates all issues of acquiring citizenship, in particular in article 16 of the designated document.

So, a refusal to obtain Russian citizenship can be obtained if the applicant:

  • by his actions threatens the security of the country or in every possible way contributes to the change of the constitutional order in it;
  • participated or is participating in armed conflicts, including international ones, during which he committed certain actions against Russian troops or peacekeepers. This also includes participants in terrorist activities, extremist actions;
  • called for or carried out active activities aimed at destroying the state integrity of the Russian Federation, inciting national, racial or religious hatred;
  • was subject to expulsion or deportation, which resulted in a ban on re-entry into Russian territory;
  • provided false documents or invalid data about yourself;
  • is a military or security officer in a foreign country;
  • has an outstanding criminal record, even if it was obtained outside of Russia;
  • is wanted or pursued by the competent authorities until judicial order;
  • is in prison and is serving a sentence.

Persons wishing to appeal the denial of citizenship of the Russian Federation may apply to the courts federal significance and at the level of subjects of the Russian Federation. An application is submitted where the applicant permanently resides, or to the address judicial authority to which the locality is attached.

Compiling a claim

The document on the basis of which the proceedings will be carried out must comply with certain requirements established by Article 125 of the Code administrative proceedings RF. It states that:

  • the document must be in writing, in legible handwriting and contain the date and personal signature of the plaintiff;
  • in the text of the application, information of the following order should be indicated: name judicial institution where the applicant applies, information about the defendant and the applicant, information on the issue of violated rights, a list of requirements for the defendant;
  • a written application to the court must be accompanied by a list of papers that the applicant submits for consideration by the court.

In addition, the plaintiff must certainly indicate in the text of the document which rights were violated, referring to international acts. One of the attachments to the application must be a copy of the refusal received. Original this document the plaintiff must provide the court in the course of the proceedings.

Filing a petition

The applicant has only three months to apply to the judicial authority. The starting point is the day on which he was notified of the decision. If this time limit is violated, the court has every reason to reject the case, provided that the plaintiff does not prove that he had good reasons for doing so.

The application must be submitted in person or through a legal proxy. The latter include:

  • parents;
  • guardians;
  • representatives who perform this function legally (for example, the plaintiff used the help of a lawyer).

Usually, the period when the case is being prepared for consideration, and the day on which the trial will be scheduled, is established directly by the court. Nevertheless, according to the regulations, the procedure cannot be delayed for more than two months.

The obligation to prove that the rejection of the request for citizenship was carried out without violations and has legal grounds, is assigned to the migration service, which made a negative decision. In turn, the applicant must provide the court with evidence of the illegality of the refusal. Only after studying all the facts and documents, the court will be able to issue its verdict.

It makes no sense to say that all arguments must be supported by certificates, testimonies and other documents drawn up in writing. With an insufficient evidence base, the process will not succeed, which means significant time and financial losses. In order to avoid such troubles, it is better to make sure once again that the migration service really had no grounds for refusal, and its decision was biased and subjective.

Refusals when applying for TRP, residence permit and citizenship: Video

The process of obtaining citizenship of the Russian Federation takes a large number of effort and time, requiring knowledge of legislative acts and norms governing this procedure. The acquisition of citizenship of any country is a long-term legal action, regulated by the norms of international and national law. Moreover, the moment of filing an application for citizenship is preceded by the passage of stages related to the registration of the status of legal residence, implementation labor activity, creating the conditions necessary for acquiring citizenship of the country.

Failure to comply with legal norms and requirements authorized bodies of the Russian Federation imposed on foreigners and stateless persons may lead to a refusal to obtain Russian citizenship.

Common reasons for refusal to obtain Russian citizenship

In Art.16 federal law No. 62 dated May 31, 2002 “On Citizenship of the Russian Federation” lists 9 reasons, if any, departments of the Federal migration service(FMS) a decision is made to refuse to satisfy the application for obtaining citizenship of the Russian Federation. The most common reasons for rejection are:

  • Use of false documents and information;
  • The presence of an outstanding criminal record (convictions);
  • A valid ban on entry into the Russian Federation;
  • Commission of criminal and administrative offenses.

When submitting a package of documents for obtaining citizenship of the Russian Federation to the departments of the Federal Migration Service, the applicant must make sure that there are no reasons that may lead to a negative decision, and carefully, repeatedly check the correctness of the specified data.

The legislation of the Russian Federation provides for a procedure for appealing against unlawful decisions to refuse citizenship of the Russian Federation, however, it is easier to carefully monitor compliance with all requirements in order to avoid restrictions on repeated attempts to submit a package of documents and save time.

In the event of a refusal to obtain citizenship of the Russian Federation, it is necessary to require a written copy for a detailed study of the reasons that resulted in the adoption of a negative decision, and its further appeal.

Where to apply for an appeal against a decision to refuse citizenship of the Russian Federation?

The Russian Federation is a member of the world community, has ratified legal acts international character, fixing the inalienable rights of a citizen. Universal Declaration human rights, proclaimed by the UN General Assembly on December 10, 1948, in Article 8 secured, as an inalienable right, the possibility of restoring violated rights by everyone, in a judicial proceeding. The same norm is duplicated by Article 46 of the Constitution of the Russian Federation. In Art. 39 of the Federal Law "On Citizenship of the Russian Federation" provides for the possibility of challenging decisions taken regarding issues of citizenship of the Russian Federation.

Legislative acts clearly indicate that the right to the renewal of a violated right through a court is inalienable, not related to the nationality and citizenship of the person whose rights were violated. The issuance of a fair and balanced verdict by the court is guaranteed, in accordance with the procedure and norms of the current law.

Solving issues related to the renewal of violated rights and legitimate interests citizens, according to the Federal Constitutional Law No. 1 of December 31, 1996 “On judicial system of the Russian Federation” is carried out by the courts of the federal level and the subjects of the Russian Federation.

Applications related to appealing against decisions of departments of the Federal Migration Service regarding the refusal to obtain citizenship of the Russian Federation are submitted at the place of residence of the citizen or the location of the body state power, according to Article 254 of the Civil Procedure Code of the Russian Federation (FZ No. 138 of November 14, 2002).

Requirements for a statement of claim when challenging a decision to refuse to obtain citizenship of the Russian Federation

Requirements for form and content statement of claim Article 125 of the Code of Administrative Procedure of the Russian Federation is defined (FZ No. 21 of 08.03.2015):

  • Provision in written and legible form, the presence of the date and signatures of the plaintiff (legal representative);
  • Presence in the document: the name of the court where the application is submitted, the data of the plaintiff and the defendant, information regarding violated rights and freedoms, requirements for the defendant's side;
  • List of documents that are attached.

A copy of the refusal to obtain citizenship of the Russian Federation is attached as an attachment, while the original document is provided during the court session.

The procedure for filing an application to the court to appeal the refusal to obtain citizenship of the Russian Federation

According to Article 219 of the CAS RF, the deadline for filing an application with the court to appeal against decisions of the FMS department related to the refusal to obtain Russian citizenship is three months from the moment a person receives information about the decision. It should be remembered that the omission of the specified line without a good reason may cause the court to refuse to satisfy the claim.

An application to appeal against a decision to refuse citizenship of the Russian Federation is submitted by the citizen in respect of whom the decision was made or by his legal representative. The legislation of the Russian Federation refers to legal representatives: parents and guardians of children under the age of majority, and incompetent persons, representatives of an interested person who has received the appropriate authority legally (an agreement on the provision of legal or by virtue of a direct prescription of the law).

The application, drawn up in accordance with the requirements, the plaintiff has the right to file with the court in three ways:

  1. Personally or by a legal representative to the court office;
  2. Send by registered mail via mail with acknowledgment of receipt;
  3. Via the Internet, on the official website of the relevant court by filling out a special form.

When filing a statement of claim with the court, an additional copy of the statement itself and all related documents is also provided for the defendant (or documents confirming their receipt) - the department of the Federal Migration Service of the Russian Federation that made the decision to refuse to obtain citizenship of the Russian Federation.

If the interests are represented by a lawyer, copies of the agreement on the provision of legal assistance and the education of a lawyer.

With the statement of claim and copies of documents, the plaintiff encloses a receipt for payment of the state duty. In satisfaction of the plaintiff's claims by the court, the funds spent on legal costs defendant.

Acceptance and consideration of an application to appeal against a decision to refuse to obtain Russian citizenship

Within 3 days from the date of filing the statement of claim, the court makes a decision on accepting the application for administrative proceedings or a refusal. A ruling is issued on the decision taken, copies of which are sent to the interested parties.

Failure to comply with the requirements of the filing procedure and the content of the statement of claim entails its return to the plaintiff or leaving it without movement.

The period of preparation for consideration and the date of the trial are established by the court. Article 141 of the CAS RF states that consideration and decision-making on applications of citizens related to appealing decisions government agencies, by the competent courts, is limited to a period of two months.

When considering the case on the merits in court, the burden of proving the legal decision to refuse to obtain citizenship of the Russian Federation lies with the representatives of the department of the Federal Migration Service of Russia, which made the contested decision. However, the plaintiff has the right to provide evidence confirming the existence of a violation of rights, freedoms and legitimate interests.

After studying the arguments of both parties and the materials of the case, the court makes a reasoned decision, on which a ruling is issued.

Conclusion

The right to challenge a refusal to obtain citizenship of the Russian Federation in court is inalienable, it can be used by everyone. Main normative documents, which regulate the process of appealing against such a decision, are: Federal Law No. 62 of May 31, 2002 “On Citizenship of the Russian Federation”, Civil procedural code of the Russian Federation FZ No. 138 of November 14, 2002 and the Code of Administrative Procedure of the Russian Federation FZ No. 21 of March 8, 2015.

Obtaining a civil passport is the final stage of integration into another state. However, there are no guarantees in granting a new citizenship even if all the necessary documents are available.

The legislation of any country provides for a number of reasons why a person may be denied citizenship of another country. Therefore, it is recommended to read probable causes refusal to obtain Russian citizenship before starting the integration procedure.

Reasons for denial of citizenship

Today, many people from neighboring countries seek to move to the territory of Russia for permanent residence. Against the background of other states of the post-Soviet space, the Russian Federation has a higher economic development and standard of living of citizens. In addition, on the territory of this country it is much easier to find a job in your specialty and realize your professional opportunities. To achieve such goals, it will be necessary to legalize the right to stay on the territory of the Russian Federation. However, it is important to understand that some individuals may be denied access to Russian passport.

The main reasons for refusal to grant citizenship include:

  1. The applicant, by his actions, provokes a political coup, or his stay in the country is not safe for other citizens.
  2. Those wishing to obtain citizenship have previously taken part in extremist actions on the territory of other countries, or participated in armed conflicts in which they used force against members of the armed forces of the Russian Federation and the civilian population.
  3. The applicant had previously taken part in public actions aimed at inciting religious or racial hatred, which threatened the territorial integrity of Russia.
  4. When submitting an application, he deliberately provided FMS employees with false personal data or fake documents.
  5. At the time of application, he was a member of the military or security service of another state.
  6. Applicant has an outstanding criminal record.
  7. A person wishing to obtain Russian citizenship is wanted in another state or is being persecuted law enforcement outside the borders of Russia in a pre-trial order.
  8. Stays in places of detention.

The most common reason for refusal to grant citizenship of the Russian Federation is the suspicion of employees of the Federal Migration Service and other competent structures of deliberately providing false personal data. If this can be proved, then the chance of obtaining citizenship, even in court, will be minimal.

Important! At the initial stages of the integration process, you need to make sure that there are no reasons that may prevent you from obtaining Russian citizenship. Of course, you can always submit legal action and wait for it to be reviewed. This will take a significant amount of time.

Step by step appeal process

To file an appeal, you must submit to the authorized structures a copy of the document that sets out the reasons for the refusal to obtain citizenship. This certificate must be submitted to the FMS at the request of the applicant. Within the current international legal regulations Every citizen has the right to protect his rights in court. It is possible to file an appeal both in regional instances and in federal courts.

How to properly file a claim

A statement of claim is a document on the basis of which a lawsuit is carried out. In accordance with article 125 of administrative proceedings, the application must meet the following requirements:

  • the document must be drawn up personally by the applicant by hand in legible handwriting;
  • key points should be indicated as basic information (full name of the judicial authority, general information about the applicant and the defendant, information about violated rights, requirements for the defendant);
  • the application must contain the date and personal signature of the plaintiff.

In addition, the application should be accompanied by a package of documents that were presented to the FMS, as well as a receipt for payment of the state duty. Referring to the statement of claim for violation of rights, it is necessary to indicate which of them were violated, based on international legal acts. The application should also be accompanied by a copy of the certificate received from the FMS, which indicates the reasons for the refusal to grant citizenship. The original of this document will need to be presented personally in court during the process.

How is the submission of documents

Filing a claim is carried out either personally or with the help of a trusted person. These include:

  • parents or guardians;
  • physical or legal entities having on it legal basis(notarized power of attorney to represent interests).

An application can be submitted to the relevant court in the following ways:

  • in person at the office
  • fill out a special form on the official website of the judicial authority;
  • send by registered mail.

Important! If a hired lawyer is involved in the preparation and filing of a statement of claim, then his license and diploma of higher education should be attached to the main package of documents.

Application process

During the trial, the defendant must argue his decision to refuse citizenship. In turn, he or his legal representative must convince the court that the rights have been violated, and then issue a demand to cancel earlier decision and satisfy the applicant's request for Russian citizenship.

All arguments expressed in court must be supported by relevant certificates, other documents and norms of the current legislation. IN otherwise the court will not consider them. If the evidence base is insufficient, then the trial will not lead to the desired goal and will entail useless financial expenses and significant loss of time. Therefore, it is extremely important to make sure that the decision of the FMS was biased and unfounded. To do this, it is recommended to seek the advice of a competent lawyer.

Cost and terms

The cost of filing a claim misconduct FMS is 18,700 rubles. In addition, you will need to pay a state duty, which is calculated in accordance with the Tax Code of the Russian Federation - 4% of the amount of the claim, but not less than 400 rubles. You will also need to pay for the services of a lawyer and issue a power of attorney, on the basis of which the lawyer will be able to represent the interests of the applicant in court (2000 - 3000 rubles, depending on the region). Prices for a lawyer's services range from 40,000 to 70,000 rubles. If successful, you will need to pay a premium of 10% of the amount of the claim.

When the application is submitted to the court, a decision on the consideration of the case will be made within 3 days. If the claim was drawn up incorrectly, then the beginning of the trial will be denied. The date of the hearing is set by the court. Within the framework of the current legal regulations, the start court sessions must begin within 2 months from the date of filing the claim.

What should I do if I was refused when applying for a temporary residence permit, residence permit and citizenship?

Upon receipt of a refusal to provide a temporary residence permit, residence permit or citizenship, each person has the right to appeal the decision of the FMS in court. It is important to remember that it is possible to file a claim only within 3 days from the date of receipt of the relevant notification from the federal authority. Beforehand, it is important to consult with an experienced specialist who has the status of a lawyer, higher specialized education and experience in the field of migration law.

Similar statistics litigation indicates that only in 20% of cases the court recognizes the FMS decision as unlawful and satisfies the plaintiff's requirements. Therefore, it is extremely important to reasonably assess the possibility of challenging the decision.

In this video, you will learn the reasons why they can refuse foreign citizens in obtaining a residence permit:

Conclusion

Refusal to grant citizenship is not a sentence. Everyone has the right to defend their rights and file a claim with the court within 3 days from the date of receipt of the notice of refusal from the FMS. Consultation with a competent specialist who has experience litigation in the migration sphere, it is obligatory.

Attention!

Due to changes in the legislation of the Russian Federation, the information in the article could be out of date! Our lawyer is ready to advise you free of charge - write a question in the form below:

Legalization of foreigners in Russia goes in several stages. At the final stage, an application is submitted with a set necessary certificates, receipts, copies of documents. After studying them, the migrant will receive a positive or negative answer. What are the reasons for denial of citizenship of the Russian Federation defined by law? What to do in this case, where to protest the unfair decision?

When can you get a negative answer?

For migrants, legalization in Russia opens up new horizons in their work in terms of realizing professional ambitions. Becoming a citizen of Russia, a foreigner will receive the grounds to enjoy all the rights, benefits, services required by status. At the same time, he assumes responsibilities towards the country. But not always the final stage of a long journey ends with a positive result. Let us dwell on the cases in which Russian citizenship is denied.

  1. The applicant poses a threat to the country's security and is able to influence the change in the constitutional order.
  2. If it turned out that the migrant took part in armed conflicts, being a member of the forces on the side opposing Russia.
  3. When a foreigner is not aware, he took actions aimed at inciting national or religious hatred.
  4. The applicant has been seen participating in extremist or terrorist actions.
  5. When a person was expelled or deported from the Russian Federation for committing a serious misconduct, because of which a ban on entry into the country was imposed.
  6. The information provided by the applicant is incorrect.
  7. Applicant has been repeatedly held liable for administrative offense, has outstanding convictions.
  8. A person serves in the army or works in the special services of a foreign country.
  9. A foreigner is under investigation in his/her state, serving a sentence or convicted.

The most common is refusal based on false information. If an immigrant decides to apply for state status, he must be convinced that he has nothing to do with any of the listed categories. provide that some reasons for refusal have a limited duration. For example, if a foreigner was expelled from the Russian Federation for 5 years, then after this time he will be able to start the legalization procedure again.

How to challenge a decision

In order to increase the number of citizens of the Russian Federation, in order to improve the quality of the country's gene pool, the authorities have developed and have been successfully operating for many years a government program for the resettlement of compatriots. It involves a simplified procedure for registration of state affiliation to the country of former residents of the USSR, Russian Empire. Every migrant belonging to the above categories of persons, as well as those:

  • who did not previously have a passport of a citizen of the USSR, the Russian Federation;
  • who do not belong to the nationality traditionally living in the country;
  • who are not emigrants or their descendants.

If, in the opinion of the applicant, the refusal to obtain citizenship does not comply with the norms of the law and violates his rights, the law gives him the right to challenge such a decision.

Where to go

In order to be able to appeal, it is necessary to receive a written response from the competent authority to the application for entry into the indigenat. This paper displays the reasons why the application was denied. The refusal to grant citizenship should be challenged by applying to the court at the address of the applicant's residence.

Requirements for a claim

The paper on the basis of which the proceedings will be initiated must be drawn up according to the rules. The main requirements are listed below.

  1. On a sheet of A4 format in the upper right zone there is an application header. It indicates the name of the judicial institution with the address affiliation. The full name of the plaintiff is written in full, where he lives, the contact phone number. Information about the defendant is also recorded there - the territorial division of the Main Department of Internal Affairs of the Ministry of Internal Affairs, in which the petition and materials for it were considered.
  2. After the header, several line spaces are made and the name of the document is written - “Claim for recognition illegal decisions on refusal to grant citizenship”, placing it in the center.
  3. The title is followed by the main body. In the first block, the plaintiff indicates his full name, details passport document, since what year has he been living in Russia and on what basis does he apply for citizenship in the Russian Federation.
  4. Further, they describe when the petition was filed with the Main Department of Internal Affairs of the Ministry of Internal Affairs, indicating the date and reason for the refusal of the defendant.
  5. In the next paragraph, references are made to the legislation, according to which the negative decision of the instance is unlawful.
  6. Then a request block is placed. They write about their requirements.
  7. In the text of the statement of claim, it is imperative to list all applications. Every additional document is described in full, indicating the number of sheets and copies. A copy of the defendant's refusal must be submitted without fail.
  8. At the end, the date of preparation of the paper and the signature of the plaintiff are put.

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If the document is written by hand, the handwriting must be legible. Corrections, strikethroughs, use of corrective means are not allowed. The descriptive part is short, served in a business style, without emotional expressions.

Application procedure

In order for the complaint to be accepted, it must be done in statutory term. The document itself must be drawn up in accordance with the rules listed above. Let's take a closer look at how to file a claim.

Deadlines

It is important to observe the time period fixed in the law for filing an appeal. It is three months. If the plaintiff missed the deadline and applied to the court after its expiration, the court will have every reason to refuse to accept the application. Exceptions are valid circumstances that prevented this from being done on time. In this case, an application should be submitted to the court for the renewal of the missed period, confirming the existence of given reasons documents.

Submission methods

The filed claim is submitted to the court by one of the options listed below.

  1. Appear in person at the institution and submit a package of documents to the office. You must have two copies with you so that the person authorized to accept the papers puts the date, his position and signature with a transcript on the one that the applicant will have.
  2. Send by mail. Correspondence must be with a notification, with a description of the attachment. The receipt of payment of the state duty must also be attached. The date of acceptance of the claim will be indicated in the notice of receipt.
  3. Applying today is also available online. The online method is the fastest and does not require queuing. You can do this without leaving your home or office.

Consideration of a statement of claim is subject to a state fee. It should be understood that in the case before the court there are two different types collection. In order for the claim to be accepted, 300 rubles are paid into the treasury (according to Art. 333.19 tax code Russian Federation).

Consideration of the case in court

Regardless of the reasons given in the letter of refusal to grant citizenship, court You have three days to decide whether to open a case or dismiss the claim. A copy of the verdict is sent to both parties. If the application to the court was drawn up with errors, it can be returned for amendments.

The legislation allots no more than two months from the date of receipt of the claim to study the materials by the court. The date of the hearing is set by the judge. The defendant must provide evidence that the refusal was justified. The plaintiff presents confirmation of the fact that the negative decision was made unlawfully. Each argument is supported by written documents.

In the absence or insufficient evidence base, obtaining citizenship through the courts will not be successful. Therefore, before going to this body, spending time and money, it is better to carefully study the grounds for refusal again. And only if there is a complete conviction that the migration department violated the law, and the negative response to the application for citizenship was unlawful, it is advisable to initiate legal proceedings.