On 26.12.2022, the long-awaited Decree of the President of Russia No. 951 dated 26.12.2022 "On some issues of acquiring citizenship of Russia" was published and entered into force the same day, approving the procedure for obtaining Russian passports by residents of the territories that have become the part of the Russian Federation in September 2022. The following decree also approves the procedure for applying for the recognition of children below 14 years as citizens of Russia and submitting and considering applications for unwillingness to be citizens of Ukraine.
We have analyzed the main provisions of the decree below.
1. Who has the right to apply for a passport of Russia based on becoming a citizen as a resident of new territories?
Based on the decrees of the President of Russia dated 05.10.2022, as we wrote earlier, the following people have such a right:
· citizens of the DPR, LPR and Ukraine, as well as stateless persons permanently residing in the territories of these regions on the date of 30.09.2022 (the date of entry into force of the agreements between Russia and the DPR, LPR, Zaporizhzhia and Kherson regions);
· citizens of the DPR, LPR and Ukraine, as well as stateless persons who previously lived in these territories, but left Russia, including through territories of third countries;
· minor children of the above-mentioned persons.
2. What is the form of application for the issuance of a Russian passport to residents of the new territories of Russia?
The application is proceeded in the form established by the Ministry of Internal Affairs of Russia in Appendix No. 1 to the Administrative Regulations of the Ministry of Internal Affairs, approved by the Order of the Ministry of Internal Affairs of Russia No. 773 dated 16.11.2020 (in Russian language, in one copy, using machine or handwritten means). Abbreviations (except those which are officially permitted), as well as corrections and marks are not allowed.
3. Where is the application submitted?
To the Ministry of Internal Affairs of Russia or its territorial bodies:
- at the place of residence
- at the place of stay
- at the place of actual residence
4. What documents are provided with the application?
● For adult capable residents of new regions of Russia:
1) Identity documents (including expired ones), namely:
- passport of the LPR, DPR or Ukraine
- USSR passport sampled of 1974
- residence permit of the LPR, DPR or Ukraine
- temporary certificate of a stateless person
- certificate of temporary asylum to a person who does not have other documents certifying the citizenship and identity of a citizen of Ukraine
2) Documents confirming the fact of registration in the LPR, DPR, Zaporizhzhia or Kherson region in any period not later than 30.09.2022 (the date of entry of these regions into Russia). Such documents according to the Procedure may be:
- passport of the LPR, DPR or Ukraine with a mark of registration
- extract from the house book
- residence card
- administrative reference
- certificate of registration at the place of residence
- extract from the State Demographic Register on registration of the place of residence
- certificate of including information in the demographic register
- a document confirming the fact of the stay of an orphaned or left without parental care child, or an incapacitated person in an educational or medical organization providing social services in the territory of the DPR, LPR, Zaporizhzhia and Kherson regions
3) Birth certificate (if any)
4) 2 photos sized 35 x 45 mm, corresponding to the requirements of the Ministry of Internal Affairs of Russia
● Children 14-18 years old who do not have the above identity documents provide:
- birth certificate
- passport of Russia of one of the parents or adoptive parents, or documents of one of the parents or adoptive parents, listed in subparagraph 1 of paragraph 4 of this article
- documents confirming the registration of one of the parents or adoptive parents (listed above)
- 2 photos sized 35 x 45 mm, corresponding to the requirements of the Ministry of Internal Affairs of Russia
● Children 14-18 years old – orphans or left without care provide:
- birth certificate
- a copy of a document confirming the fact of staying in an educational or medical organization providing social services, or an act (decision) of the tutorship and guardianship body on the appointment of a guardian
- documents confirming registration in the territory of these regions (in their absence, the applicant has the right to apply in any form about the fact of the child's residence in these territories)
- 2 photos measuring 35 x 45 mm, corresponding to the requirements of the Ministry of Internal Affairs of Russia
● Incapacitated persons who have reached the age of 18 years provide:
- birth certificate
- identity documents listed in subparagraph 2 of paragraph 3 of this article
- documents confirming registration in the DPR, LPR, Zaporizhzhia or Kherson regions in any period until 30.09.2022
- 2 photos sized 35 x 45 mm, corresponding to the requirements of the Ministry of Internal Affairs of Russia
- documents certifying the identity of the legal representative and certifying his powers
- a court decision declaring a person incapacitated
- a copy of the act (decision) of the tutorship and guardianship authority on the appointment of a guardian to such a person
● Incapacitated persons 14-18 years old provide:
- birth certificate
- identity documents listed in subparagraph 2 of paragraph 3 of this article
- documents confirming registration in the DPR, LPR, Zaporizhzhia or Kherson regions in any period until 30.09.2022
- 2 photos sized 35 x 45 mm, corresponding to the requirements of the Ministry of Internal Affairs of Russia
- documents certifying the identity of the legal representative and certifying his powers
- a court decision declaring a person incapacitated
- a copy of the act (decision) of the tutorship and guardianship authority on the appointment of a guardian to such a person
● Children under 14 years old provide:
- identity card of the applicant (one of the parents or adoptive parents, guardian, or representative of an educational or medical organization)
- child's birth certificate
- documents confirming the registration of the applicant and/or child in the DPR, LPR, Zaporizhzhia or Kherson regions in any period until 30.09.2022
- certificate of adoption of the child
- the guardian additionally provides a document of the tutorship and guardianship authority on the appointment of the applicant as a guardian, or a document confirming the grounds for placing the child in an educational or medical organization, as well as documents confirming the powers of the guardian or authorized representative
5. Translation into Russian
Documents that are not issued in Russian language are submitted with a translation into Russian. Notarization of such documents during the transition period, which will last until 01.01.2026, is not required.
6. Term of issuance of the passport of Russia
The term for issuing a passport of the Russian Federation to residents of new territories according to the Procedure should not exceed 10 business days from the date of acceptance of the application
7. Grounds for refusing to accept an application for the issuance of a passport of Russia
- applications, documents and photographs submitted in violation of the Procedure will not be accepted and will be returned
- refusal to undergo mandatory fingerprinting and photography
Also, the passport of a citizen of the Russian Federation is not issued, and the form is destroyed in case of refusal to take the oath of a citizen of the Russian Federation.
8. What should I do in the absence of documents, or if they are lost?
In the absence of the required identity and confirming citizenship and registration in the annexed territories documents, the Ministry of Internal Affairs of Russia or its territorial bodies conduct an identity identification procedure in accordance with Article 10 (1) 115-FZ, with confirmation of the fact of permanent residence in the territory of the DPR, LPR, Zaporizhzhia and Kherson regions in any period until 30.09.2022.
The decree came into force on the date of its official publication – 26.12.2022.
For more information, please contact the consultants of the Confidence Group company.
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