This decree was issued as part of the implementation of the Federal Law of March 18, 2023 No. 62-FZ "On the Peculiarities of the Legal Status of Citizens of Russia with Ukrainian Citizenship", or rather part 1 of Article 3 of this law (hereinafter referred to as the Law). We wrote more about the Law earlier in our news.
The Decree approves the procedure for the interaction of state bodies when revealing the fact of non-compliance by Russian citizens who, after submitting a corresponding application, are considered not to have Ukrainian citizenship, the obligation not to take actions related to the exercise of rights and the fulfillment of obligations provided for citizens of Ukraine (hereinafter referred to as the Procedure). The decree approves the terms and procedure for conducting a verification on such a fact, issuing a conclusion on non-compliance with this obligation, as well as the forms of documents (conclusions) issued in this case.
Failure to comply with this obligation may be detected by employees of both the Ministry of Internal Affairs of Russia and other state bodies, or other persons. If non-compliance was revealed by another state body, such state body, according to the Procedure, within 3 days is obliged to send information about this to the territorial body of the Ministry of Internal Affairs of Russia at its location, with supporting documents and materials attached.
The verification is carried out by the bodies that accepted fr om the citizen a statement of unwillingness to be a citizen of Ukraine (the Ministry of Internal Affairs of Russia, if the application was accepted by the Ministry of Internal Affairs of Russia, and the authorized territorial body, if such a statement was accepted by its structural unit).
The citizen in respect of whom the verification is being carried out is notified of this within 3 working days fr om the date of the decision to conduct it. During the inspection, a citizen has the right to give written explanations and submit documentary evidence. Notifications related to the verification can be delivered to the address of the place of residence or stay of a citizen, in their absence - to the address of actual residence, or through the Single Portal (State Services). A notification sent through the State Services is considered delivered from the moment this citizen enters the portal using a unified identification and authentication system.
The term for such an audit cannot exceed two months, and a conclusion is issued based on the results of its conduct. The form of conclusion is attached to the decree.
If the conclusion confirms non-compliance with the obligation not to use a Ukrainian passport, and the citizen in respect of whom it was issued is in the state or municipal service, or is an employee or officer in respect of whom there is a ban on second citizenship, or has access to state secrets, information about the issued the conclusion is sent to the body wh ere the citizen works or serves, and for those who have access to state secrets - to the body that made the decision on admission to state secrets, as well as to the FSB of Russia.
Article 2 of the Law pursuant to which the decree was issued establishes cases wh ere the use of a Ukrainian passport is not considered a violation (namely, if such actions are taken in order to terminate the citizenship of Ukraine in accordance with the legislation of Ukraine). Paragraph 16 of the decree also supplements this list with the following cases:
- if the submission of such documents is necessary in accordance with the legislation of Russia
- if the provision of such documents is necessary to confirm the relevant information (information on registration at the place of residence, deregistration, registration and divorce, information about children and other information, including those contained in documents issued to a person before the day of acquisition of citizenship of Russia) , with the exception of information about the presence of citizenship of Ukraine and (or) the rights (duties) of a citizen of Ukraine.
According to the Law, when such facts are revealed, a statement of unwillingness to be a citizen of Ukraine is considered invalid, and a citizen is considered to have citizenship of Ukraine. He of she can re-apply no earlier than 10 years later.
For more information, please contact the consultants of the Confidence Group company.
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