Torture by your homeland

How citizens of Russia is deprived of citizenship and why we have different laws: one for a businessman Timchenko and a completely different - for a family of a carver

How citizens of Russia is deprived of citizenship and why we have different laws: one for a businessman Timchenko and a completely different - for a family of a carver

Four years ago, in an interview with the German weekly Stern, Dmitry Medvedev said: “Our goal is to stabilize the population of 145-150 million people until 2025”. Around the same time, forecasts of the Institute for Social and Political Studies of the Russian Academy of Sciences appeared: while maintaining the current levels of birth rate and mortality by 2025, the population of Russia will be reduced to 122 million, by 2050-to 83 million.

Neither then nor in subsequent years nothing concrete was reported about where the Kremlin would take the missing 23-28 million people. But over the years, it turned out that the president and prime minister of the Russian Federation, judging by their statements, did not consider the emigration of Russians a big problem.

And in September S.G. The Secretary of the Council of People's Commissars Nikolai Patrushev, predicting the reduction of at least 10 million people by 2025, proposed solving the problems of “transition to an innovative economy” using highly qualified migrants. Where he, “capable of solving the problems of modernization,” will find, is not clear. It is not clear why Russia refuses Russians. Why are they worse than Tajiks and Moldavians?

Natalya Ignatova, a carver for her husband, was born, studied, worked in Krasnoyarsk. In 1991, even before the collapse of the USSR, she left with her two -year -old son for intercity exchange for Ukraine, to her husband's place of residence. I did not refuse Russian citizenship and, accordingly, did not lose it. Before returning home, I received a Ukrainian passport with a mark “for permanent residence in Russia”. To his homeland, to Russia, she returned in 2001. Into the apartment in which she was born. But the homeland did not accept her: you, you said, a foreigner, like your son, get citizenship on a common basis. And throughout all these years, Natalya Viktorovna cannot receive a Russian passport.

What kind of life without a passport is not worth explaining, everyone here understands the phrase of Alexander Ivanov: "A person consists of a body, soul and passport." The point is not that the carver has no registration and she is told that she, living in her own apartment, is illegally in the Russian Federation. And it is not the fact that she has a different set of rights and her life turned into a walk outside the legal field. The impossibility of returning to a full existence is most depressed: her arguments regarding that she act illegally, simply by anyone (and she wrote about her ordeals, all, up to the president) are not perceived. A person with a body and soul, but without a passport is not a person.

If the carver itself is no longer so young, but why such Russia, then her son Vitaly is 22 years old. Just the one who could, by Patrushev, "solve the problems of modernization." Vitaly, having graduated from the school - the same that my mother at one time, could not enter the budget department at the university, although he took place on the exam points. As an exception (after countless campaigns, consultations, petitions), a foreigner was taken by a free listener on a paid basis. But for their family it was too expensive, did not pull, studied only two courses, now he is engaged in web programming.

From the point of view of the Russian authorities, the Russians, of course, lose to Tajiks, Chinese, Koreans - they want to receive more, and they pretend to be a social pack, and they can download the rights. However, this is not about the carver and her son. They did not ask for any benefits and benefits from the country according to the program (failed) by the resettlement of compatriots, they want one thing: to be recognized as citizens of Russia.

- The law on citizenship in relation to people like us is just not Dragonovsky. According to Art. 4 Clause 7, the passport and visa service (PVS) was to recognize the citizenship of the Russian Federation by birth, and not force it to accept it again. But the PVC stubbornly did not want to apply this norm of the law, says Natalia. - Violating their own instructions and the order, they did not check the existence of citizenship, did not request a Foreign Ministry about the absence of a petition on my part to withdraw from citizenship. But on its own initiative, the PVS made a request to the competent authorities of Ukraine about the absence or availability of a criminal record.

Everyone who sees a passport of any of the CIS countries is scratching under one comb. This is about the same as if you returned from a business trip, vacation, from a summer residence, and some aunt would make you re-marry with a wife, with whom you did not think to get divorced.

Violations of the PVS, now - the FMS, in relation to this category of citizens - massive. But this is not the case in all regions. There are examples when those who returned to Russia (i.e., who were born and previously lived in Russia, having parents - citizens of the RSFSR) in the PVS (FMS) or in court were recognized as citizens of the Russian Federation by birth.

Why don't I go to court? I already went through this, in 2004 a decision was made not in my favor. It indicates: I have lost the citizenship of the Russian Federation at the time of the adoption of Ukrainian citizenship. I may have reconciled, but there are definitions of the constitutional and supreme courts, where it is explained that people who had Russian citizenship by birth do not lose it by automatically accepting the citizenship of the CIS countries and due to living outside Russia. It turns out that mine and my son are still violated. First of all, the right to citizenship and further all other rights arising from this. But how can I prove that this decision is illegal?

Maybe the carver itself is to blame, the thresholds were not enough, and this is an isolated case? Here is another Krasnoyarsk family, Belovs: children cannot hand over the exam - they are not given a passport. (Without passports at the school, apparently, they cannot certify the identity of students.) And they do not give passports to children because their father does not have a document proving citizenship of the Russian Federation. He has the same story as a carver, only he returned to the Russian Federation even earlier, in 1994.

But if the children were born in Russia and one of the parents - a citizen of the Russian Federation, then they, by law, are citizens of the Russian Federation.

Or: a friend of Natalia Viktorovna (they worked with her in the police-a carver before leaving for 6 years served in the Krasnoyarsk Stateistskiy) due to the apartment exchange, did not have a residence permit for February 6, 1992. And, I remind you, according to the law, everyone who lived in the Russian Federation automatically became citizens of the Russian Federation. So, the PVS was not convinced by either the workbook of this friend, nor the fact that on 6.02.92 she continued to serve in the police and did not leave Krasnoyarsk. I had to go to court to establish a legal fact, i.e. that on 6.02.92 she was in the Russian Federation.

I will finally come true for personal experience. Since I, by the Russian blood, at the place of birth and registration with a radical Russian, who gave the army of this country to the army of this country for more than two years of his life paying taxes, at one time announced the PVS of the Central District of Krasnoyarsk that I am not a Russian. And the Russian passport will not give me. This did with many graduates of Russian universities in 1991. My former fellow students, like me, had no stamp about registration on 06/06/92. Then in Moscow, Leningrad, Sverdlovsk, Tomsk, youth, as now, studied from all over the country. Everyone in the passports included a dormitory registration - for the duration of study. My course is until September 91st. There was nowhere to write further: in the 91st, the concept of “distribution of young specialists” disappeared. I lived in a hotel until the 93rd.

Actually, as a carver now, I was forced to achieve citizenship of the Russian Federation, although neither I nor it lost it by right of blood.

What the hell was I supposed to crucify, that these aspen are relatives to me, fly to Moscow for a copy of the work book to prove that in February 92 I lived and worked here?! And after what my fellow students and fellow students had to go through, who, as of February 92, did not work, went on maternity leave, traveled? It is curious that at the same time the passportists manage to contradict themselves. The left hand does not know what the right is doing. For example, in my passport issued before the events described, it was written that I am a citizen of the Russian Federation.

For the purity of the experiment with questions about the Corver case, I also addressed the FMS senior employees in other regions. But he received the answer everywhere: they act with her according to the law. That is, in the actions of the Krasnoyarsk UFMS there is no malice. A carver, they told me, became a citizen of Ukraine in 1991, and she was never a citizen of the Russian Federation, since the Russian Federation and the RSFSR are not the same thing. She had to declare the unwillingness to be in the citizenship of Ukraine within a year. Then later she would be given a passport of a citizen of the Russian Federation after checking. And now no one will be able to cancel the procedures for “bringing to citizenship of the Russian Federation”, she will have to go through these “Dange circles” (this is the exact definition - not mine, an FMS employee).

Meanwhile, independent lawyers, who were addressed by both I and the Corumber, are also unanimous. This is what, for example, Sergey Sychev told me: a) Russian citizenship appeared not at all after the adoption of the 1991 law “On Citizenship” by 1991, but much, much earlier; And b) if a person became a citizen of Russia by birth (it doesn’t matter what the Russian state was called then - the Russian Empire, the RSFSR or the Russian Federation), he remains its citizen forever, unless he himself abandons citizenship. Russian citizenship cannot be terminated at the initiative of the state (see Article 6 of the Constitution). And in any way, citizenship cannot be “lost” due to any circumstances, including After the acquisition of other citizenship. You can lose the documents, but the status of their owner remains unchanged.

According to Russian laws, this is the case, someone likes it in the FMS and ships or not. Interesting detail: Argumentizing their opinion, lawyers refer to a number of definitions of constitutional and supreme courts. In the FMS, these links are accepted selectively: for example, one of the definitions of the Constitutional Court told me that "it did not work." (What, huh?)

From part 2 of Art. 13 of the 1991 Law “On Citizenship of the Russian Federation” it follows that the persons born after December 30, 1922 and later and lost the citizenship of the former USSR are considered to be the citizenship of the Russian Federation by birth if they were born in the Russian Federation. According to the resolution of the KS No. 12-P of 05.16.1996, which even in the FMS is recognized as “workers” (may they only be interpreted and applied in a peculiar way), when recognizing former citizens of the USSR by citizens of the Russian Federation on the basis of the same Art. 13 of this Law, they are considered consisting in Russian citizenship from the moment of their initial acquisition of the citizenship of the Union. Recognition of belonging to citizenship of the Russian Federation does not require any actions on the part of citizens, as well as the issuance of decisions on this issue by state bodies.

The definition of the Constitutional Court dated 05.24.2005 No. 235-O states that such persons have been in Russian citizenship from the moment of birth and, by virtue of Article 6 of the Constitution, cannot be considered deprived of this citizenship, unless they lost it in their own free will. I will quote the definition of the Constitutional Court: “Therefore, the expression“ are considered to be in the citizenship of the Russian Federation ”means that such persons are considered to be Russian citizenship not only in the past, until the loss of the citizenship of the former USSR - and after that they continued and continue to maintain Russian citizenship until the moment it is terminated on the basis of their own will. They do not lose Russian citizenship by virtue of the fact of residence outside the Russian Federation at the time of the entry into force of the above law, since in its Art. 4 It was established that the residence of a citizen of the Russian Federation beyond its borders does not stop Russian citizenship. ”

You can continue to quote other definitions of the COP. But, in my opinion, there is no need to state legal nuances, because this is obvious injustice, injustice by any standards-not to recognize Russia's citizenship by Russians by birth, which have never abandoned this land. No one is given to take away from a person his right to his homeland. It is natural, or, if you like, given by God. If this right is taken away, it means that in power taking a junta a lot of themselves.

Yes, there is a court that should judge. In the carover case, he took the side of the state bodies. But there are a lot of similar stories, when the judges stood to the side of the Russians who returned to Russia and obliged them to give them passports. The case of Maria Musikhina in the Nizhneserginsky district of the Sverdlovsk region is identical to the details. Musikhina, born in 1965 in the territory of the current Russian Federation, moved to Ukraine in 1987, returned in 2001. PVS refused her to issue a passport. The prosecutor of the district appealed to the court, and the court ordered the PVS to issue a passport, since Musikhina is a citizen of the Russian Federation by birth, and no one can deprive it of citizenship only if she herself does not want to.

Or. Back in November 1991, he left with the USSR passport to Israel, becoming his citizen, returned to the Russian Federation in 2005 and demanded that he give him a passport of a citizen of the Russian Federation. The Department of the FMS of the Verkh-Isetsky District of Yekaterinburg refused, the district court took the side of the FMS. However, the Sverdlovsk Regional Court ordered him to give him a passport, since he was a citizen of the Russian Federation “by law of blood”, and the presence of Israeli citizenship in the absence of his application for the termination of citizenship of the Russian Federation is not an obstacle to the recognition of the citizenship of the Russian Federation (determination dated 24.03.2009, case No. 33-2759/2009).

Or. The case of Sergei Musatov. Born in Moscow, left for Latvia in the 84th. He returned to the Russian Federation in the 91st, registered in June 92nd. The citizenship of the Russian Federation refused to recognize him. After the Moscow prosecutor was engaged in the case, the passport was issued, since Musatov is a citizen of the Russian Federation by birth (the decision of the Perovsky inter -municipal court of Moscow, the meeting took place on December 23, 2002).

The most amazing thing in this story is this. There are no villains in it. Everyone believes that they are right. And moreover, one injustice entails new ones, and there is no way out, and everyone around them is unhappy. Yes, including employees of the PVS-UFMS: they are cursed, they put candles for the rest, etc. So, maybe the matter is in the law that allows the diversity of its interpretations?

The discussion about whether the legislation on the citizenship of the Russian Federation is good or not has been going on for a long time. Professional wrestlers for the happiness of Russians and, in particular, the Russian people are warmly trumping the Far Eastern grandmother, who married the Chinese 84 times, thanks to which they made citizenship of the Russian Federation. The law seemed to put an end to this. The focus is that foreigners fill the sparsely populated Asian lands as if nothing had happened. Grandmothers get married, as before. And many indigenous Russians flee from this country. “Although I would have asked for the moon,” says Natalya Viktorovna. - I do not need me at the age of 50 abroad. But the son knows programming languages, so he will fit somewhere, since he is not needed here. ”

The Kremlin is really interested in replacing this people with another, more hardworking and obedient?

To advise a carver to go to Moscow and sue - my tongue does not turn. Because our nerves are not steel, but without a passport, without registration, even temporary, it will not be buried humanly. She and the Ukrainian passport is now invalid, because for 7 years she did not take up consular records. Now she is a person without documents.

The carver asked me to see the next letter, which she thought to send the president after his “meeting with supporters” and his reasoning about feedback with the people. To be closer to Medvedev, I started accounts wherever possible, and wanted to contact him through Twitter with reference to LiveJournal. What can I say to Natalia? She herself understands the barrenness of these attempts, before she wrote to President Putin, then to President Medvedev, her son wrote to Medvedev ... After all, according to the Law on Russian Citizenship, these issues, i.e. Thus, only the president and authorized bodies are in charge of citizenship. The authorized bodies have already decided everything and explained everything to her.

- I had a toy phone as a child. You know, there are two equipment and wires on the batteries through the window between the 5th and 1st floors. Cool, there were no phones in the house, and our friends and my mother and I talked. And they heard each other, ”says Natalia. - But in adult life they do not hear me. What are the laws, what reforms - everyone according to the figure. And the president says: “Feedback” ... Such feedback can turn into the return road in the form of a deportation: a foreign citizen. You understand, the fight against illegal immigrants.

On September 28, at a meeting with writers, to a question about Timchenko’s businessman Putin regarding the citizenship of another state - not double, as the authorized bodies love to confuse us, ”said the following:“ And, as far as I know, he really accepted this Finnish citizenship, but he is a citizen of Russia, as far as I know, too. ” Those. The man accepted Finnish citizenship, while remaining a citizen of the Russian Federation. And this is normal - so in the law. I think there are no other examples about Russians of citizenship of other states? Why then does the UFMS pretend that this phenomenon does not exist? Why does the FMS prove to me that a citizen of the Russian Federation cannot have citizenship of another state? Why does it refer to the lack of an international double citizenship treaty with Ukraine? Or does Russia have international double citizenship agreements with Finland, Great Britain, Israel, but is it a secret? And why did the PVS and the court refer to their decisions in general to the law of another state, and having falsified this law? Well, I did not find the provisions in the law of Ukraine, according to which I was supposed to abandon the citizenship of Ukraine allegedly within a year from the moment I recognized me as a citizen of Ukraine! I re -read it, and more than once, moreover, it was self -translated by the Ukrainian Movie ... Is this corporate insanity? Or corporate interest? Or do we have rights for the elect? Или у нас все-таки будет обратная связь?

Понятно, государство не заинтересовано решать наши проблемы, его функция как раз эти проблемы создавать. И всё же это перебор, поскольку оно теряет того, над кем могло бы издеваться до самой смерти объекта. Человек без гражданства РФ ведь может и перестать его добиваться, и остаться вне зоны действия государства; я знаком с одним таким вполне благополучным человеком в Красноярске — он отказался от гражданства и прекрасно себя чувствует. Но это его персональный выбор, за Наталью и ее сына решили другие.

PS Жернова родины мелют медленно, но верно. В 2003-м я как-то отскочил, легко отделался: мои аргументы хотя бы слушали. Красноярскую ПВС тогда курировал замначальника ГУВД Александр Горовой, блестящий, ничем не запятнанный офицер. Сегодня он первый замглавы МВД. Кого он теперь курирует, мне неизвестно. Но ФМС, став отдельной структурой, по-прежнему подведомственна МВД, и мне кажется, что он и сейчас может заставить подчиненных изучить законы, «нерабочие» определения КС, и выдать наконец Коверник и сыну паспорта.