The methods of acquisition and loss of citizenship

There are two main ways of acquiring citizenship: by birth - filiation (from the Latin word "Filius" - son) and naturalization - the granting of citizenship by the authorized bodies of the state, this is usually done on behalf of the head of state (president, monarch). In turn, the acquisition of citizenship by birth has two bases: the right blood and the right soil. The first is the child's acquisition of citizenship of parents, regardless of place of birth.

The problem arises only when the child's parents are of different nationalities (eg, mother - an Italian citizen, his father - a French citizen). This issue is solved in most countries only by written agreement of parents choosing a child's citizenship. Prior to that, he can remain stateless or (more often) may acquire citizenship by place of birth.

The principle of jus soli is applied to a narrow circle of people, mainly those whose citizenship of the parents or whose parents are unknown, and often born in the territory of the country to children of citizens of another state, unless the parents have not been in the country for the service (eg diplomats).

In most countries, legislation provides for both the base acquisition of citizenship by birth: the right of blood, and the right soil.

Naturalization is possible under the law (adoption, in some cases, the marriage), but usually it is done on the application. Statement submitted by the person to the competent authorities of the State the nationality of which he wishes to purchase. In a number of cases is also required submission of an application to the authorities of the state of the country of citizenship of a person desires to get out.

Both of these statements are usually submitted to the local bodies of the Ministry of Interior or Justice, but more often they have to be written to the head of state (sometimes the question of changing nationality decides Minister of the Interior).

The granting of citizenship is possible under certain conditions: before that, several years of living in a country whose nationality the person wishes to receive (in Hungary - 3 years, Algeria - 7 years, in the Republic of Chad - 15), to know the language of that country (rather complex exam provided by the legislation of Latvia and Estonia, adopted in the 90s: in Latvia, for example, in addition to a perfect knowledge of Latvian language, one must know the history of the country since the beginning of the XX century., and have ancestors who lived in Latvia since the same time) , to be mentally healthy and not have certain diseases (such as AIDS) not be registered - in particular, documents Interpol - as a suicide, do not belong to the parties in favor of changing the constitutional order, etc.

In some Arab countries (Kuwait, UAE, Saudi Arabia, etc.) citizenship can only be taken by the Muslims, people of other faiths also, including spouses, have to accept the citizenship change their religion. Citizenship laws of individual countries in sub-Saharan Africa needs to naturalize "rooted" in the community, comply with those practices that are followed by others.

Marriage, as a rule, does not lead to automatic citizenship, although it makes it easier to obtain. Only a few countries (eg, Saudi Arabia), citizenship is automatically granted to a woman who married a Saudi citizen, but on condition that it is a Muslim or accept Islam. The grant of asylum to persons persecuted for political reasons, for their scientific, social, cultural activities, and does not entail automatic citizenship.

Along with the there are other, less common ways of acquiring citizenship. These include: option (choice of citizenship of any country in connection with the transfer of territory from one State to another, or the proclamation of the territory of the newly independent states of the former state, the person may leave the former nationality or choose new as it was, for example, in Algeria after reaching independence within three years after 1962), transfer (the transition is accompanied by a change in the area of citizenship without the right choice, which is rare, but occurred in some states after the Second World War), registration (it involves a simplified procedure for the acquisition of citizenship if the parents of the person has been or are citizens of the country), restoration of citizenship (for former citizens of the state). These methods are also an individual (for example, option) or collective (transfer) of species naturalization.

Citizenship of children when the parents' nationality varies depending on the age of the children. Usually children under 14 years of age (in some countries - up to 12 years in the United States and other countries have set a lower age) automatically follow the parents, without acquiring additional formalities new citizenship. Difficulties arise when one changes the nationality of the parents.

In this case, the nationality of the minor child is saved, or modified by written agreement between the parents. If you change the citizenship of children aged 12 - 14 - 18 years (sometimes up to 21 years) are usually asked for their consent in the presence of the representative of the Department of Justice, the notary, that representative government, as well as the teacher. Children older than 18 years (in some countries over 20, 21) change their citizenship on the same basis, but if they do it with their parents, the procedure is simplified.

Loss of citizenship. There are two ways of loss of citizenship: the output of the deprivation of nationality and citizenship.

Renunciation of citizenship is initiated by the person who submits an application for it. As mentioned, the application is usually served in a local body of the Ministry of the Interior, but the resolution gives the president. Deprivation of citizenship is authorized bodies of the state against the wishes of the person. A number of countries are allowed to revoke the citizenship of naturalized citizens only for the crimes specified in the law, but sometimes for only a certain period of time after naturalization (for example, six years in Austria).

In some countries, the law provides for deprivation of nationality and native-born citizens, but only for the actions in favor of a foreign state, which caused damage to the state of a citizen, or the willful evasion of military service. In Latin America, the deprivation of citizenship (for both naturalized and native-born citizens) is used as an additional penalty imposed by the court for certain crimes (espionage, etc.).

Latest constitutions of many countries prohibit the deprivation of nationality. Loss of citizenship occurs as a result of the above optapii transfer, etc., some of these procedures, there are elements of voluntariness, in others - compulsion.

Expulsion of citizens from countries formerly practiced in some states of totalitarian socialism, in most countries is prohibited. For foreigners it can be done, but only by court order (Romania). In Mexico, any foreigner can send the body of the executive power.

Extradition (extradition of a person from one state to another for the investigation and trial) is possible in accordance with an international agreement or without it, but we do not extradite persons accused of political crimes. Usually do not extradite their own nationals for crimes against another State or its citizens: these people will judge your

beautiful pictures


Constitutional law

Пред След