The state Duma at the last moment decided to change the provision on deprivation of citizenship


Postponed finally

On Friday, at the last meeting of the spring session the state Duma plans in the second and third reading to consider the resonance of the package of amendments of the anti-terrorist and anti-extremist legislation and the law on citizenship. The authors of the bill — the Chairman of the Duma Committee on security Irina Yarovaya and member of the Federation Council Viktor Ozerov.

The document began to be prepared after the terrorist attack on Board an A321 aircraft in Egypt in October last year, and a series of terrorist attacks in Paris on 14 November. November 20, deputies and senators discussed the need for stricter anti-terrorist legislation. The package was developed with the participation of the security Council, told the interlocutors of the Committee on security.

The state Duma Committee on security and second reading amendments were recommended for adoption by the state Duma on Monday, June 20, their consideration in the second and third readings, was scheduled for Wednesday, June 22, but at the meeting, the Rapporteur, the Chairman of the relevant Committee Ernest Valeyev asked to postpone the hearing for Friday. The reason is the preparation of new amendments to the bill, told the Committee. On Wednesday afternoon issued after the approval of the Committee, the amendment was missing from the database of documents of the state Duma.

Helper Spring Chekaldina Maria found it difficult to explain why the bill was deleted from the database, whether there will be further amended and also planned to make a clarification in the original provisions of the bill.

Wednesday night on the events page of the state Duma reported that the Committee survey sheet again asked its members to support the package for the second reading. The source in the Committee said that we are talking about a new revision for the second reading taking into account the discontent of the Federation Council and the Duma factions, the first version of the amendments.

The bill can be fixed, now this issue is being discussed, said another source close to the leadership of the state Duma. According to him, discussing the question of the abolition or revision of the paragraphs on citizenship, restriction on leaving the country. That urgently rewritten the rules on deprivation of citizenship, knows a source in one of profile at the initiative of the Duma committees.

The source in the security Committee reported that a survey of MPs about the new edits lasted until the evening, but not all managed to see and approve the latest version.

Voluntary-compulsory deprivation

In the original version of the bill, which was adopted on may 13, offered simply to deprive of citizenship for terrorism or hostage-taking, an encroachment on life state or the public figure, violent seizure of power, armed rebellion, diversion, public appeals to extremist activities and separatism. Prepared for the second reading of the document, the amendments significantly expand the scope of application of such sanctions as the deprivation of nationality.

The bill Spring and Ozerov enters into legislation a new concept: the loss of citizenship by actual action. The concept enshrined in the new article which is proposed to amend the law on citizenship. In this article, the perpetrators of terrorist crimes, will be considered voluntarily renounced citizenship.

“Volunteers” will be recognized and those who commit crimes of extremist articles of the Criminal code: inciting hatred or enmity, organization of an extremist community and promoting extremist activities. As amended, the convicted person would be deprived of Russian citizenship automatically after the sentence comes into legal force — that is, according to the Criminal procedure code (CPC), ten days after the court decision, if it was not appealed. Within 5 days after the judgment or his return from the appellate court, the court sends it to the “authorized” agencies concerned with cases of citizenship, so they controlled the convicts. After the liquidation of the Federal migration service (FMS) issues of citizenship became the responsibility of the Ministry of internal Affairs (MVD).

However the amendment says that if a person has just one, Russian citizenship, he cannot be deprived of it.

The amendments violate the Constitution of Russia, specifies the member of the presidential Council on human rights (HRC) Ilya shablinsky. “The citizen of the Russian Federation may not be deprived of his citizenship or the right to change it,” — recalls sablinski. Another procedure, but a voluntary statement, does not exist, the expert said. In the event of the new procedures for deprivation of citizenship the only thing that can make deprived of Russian citizenship, is to appeal through the constitutional court.

Voluntary expression of will can only be exercised personally by the citizen in writing — a different interpretation of the will of man illegally, said a Moscow lawyer Leonid Alperovich, also believes innovation is unconstitutional.

Unpatriotic behavior

To “volunteers” who will lose his citizenship, Spring and lake, and proposes to equate the Russians, who entered the military service in the security or law enforcement or in the courts of a foreign state. This amendment, which was not in the original version of the bill will affect those who decide to serve in foreign armies, to work in the foreign power or the judiciary, after the entry into force of the bill — has lost the Russian citizenship it is proposed to consider them since entering the service.

According to Shalinskogo when the renunciation of citizenship equate a certain type of behavior, is put in a difficult position primarily Russian citizens living in CIS countries, Israel, Germany, as it allows them to get a job. In addition, he notes, “monitoring the employment of persons with Russian passports in the CIS is irrelevant to terrorism.”

It turns out that people are punished for an act not described in the Criminal code, nor the administration indicates Alperovich.

This amendment will directly hit tens of thousands of Israeli citizens who have Russian citizenship, said the President of the Russian Jewish Congress Yuri Kanner. The fact that Israel has mandatory conscription, both for women and men, reminiscent of Kanner. According to him, a few years ago in Russia there were 100 of thousands of Israelis, and many Russian citizens who went to Israel, worked in the local courts, in particular, secretaries, says Kanner. “This bill was written by people who think non-strategic,” he said.

Can relate to the amendments of Spring and Ozerov and citizens of Abkhazia and South Ossetia, the President of Fund of assistance to development of Abkhazia Vitaly Labakhua. After the five day war with Georgia in August 2008 Russia recognized the sovereignty of Abkhazia and South Ossetia by issuing tens of thousands of residents of these republics hold Russian passports. According to estimates Labakhua, 90% of inhabitants of Abkhazia have Russian citizenship. Only, according to the website of the administration of the North Caucasian republics, it is home to 242 756 people, and in South Ossetia, according to official information from local authorities — about 72 thousand

“The amendment, which relates to work in other countries, is incorrect. Even if this bill was designed to resolve other purposes, its implications can be dire. Second citizenship is the relationship of Abkhazia with Russia, and if Russia will start to cut that connection, the situation in the Caucasus is unpredictable,” he Labuha.

In turn, the interlocutor in the Parliament of South Ossetia hopes that the state Duma will adopt amendments that will bring out the effect of the bill Spring and Ozerov citizens.

Crimea, Ukraine, then everywhere

Problems can occur and the inhabitants of the Crimea, which joined Russia in March 2014, said a member of the presidential Council for human rights Evgeny Bobrov. According to Rosstat, on January 1, 2016, in the Crimea and Sevastopol lived 2.3 million people, most of them had passports in Ukraine. After Crimeans received Russian citizenship, and a quarter of them were Ukrainian, said beavers.

The bill Spring and Ozerov will affect the citizens of Ukraine, Armenia, Azerbaijan, Tajikistan and other former Soviet States, which in a large number live and work in Russia, suggests Kanner.

Earlier, the head of the Department for citizenship and residence permit of the Federal migration service Valentina Kazakova said that a year after the entry into force of the law (4 August 2014), obligation to notify the Russian authorities of a second citizenship, more than 5 million Russian citizens had to do it. According to statistics of the Federal migration service, since 1992, when entered into force the law On citizenship, Russian passports received more than 6 million people. About 5.5 million made it the status of a foreign citizen. According to Kazakova, most Russians have a second passport of Ukraine, Kazakhstan, Kyrgyzstan and Armenia and of foreign countries — Israel, USA and Germany.

Work in an international organization

Voluntarily released from Russian citizenship, according to the current version of the bill will be the people working “without the consent of the competent organs” in Russia in international organizations in which Russia does not participate, unless otherwise stipulated by an international Treaty. Such persons will be deprived of citizenship from the date of joining. What is meant by the term “international organization”, the law does not say, nor is there a mention that departments should inform about their work for foreign employers Russian citizens.

With the relevant Committee on Affairs of public associations amendment was not discussed, said its Chairman Yaroslav Nilov (LDPR). “I would like to understand what organizations we have in mind is LIH (banned terrorist organization), of the undesirable organization or just the branches of the foreign organizations”, — the Deputy is perplexed.

Director of the Russian representative office of the international human rights organization Amnesty International, Sergei Nikitin suggests that under the “vague” wording “international organizations in which Russia is not involved, we can talk about any foreign structure, which works in Russia, in particular about the Human Rigts Watch or anti-corruption centre, Transperency International.

Under the law can enter and those who go to work in the international structures, which are included in the registry of Ministry of justice of undesirable organizations, does not preclude the lawyer of the international human rights group “Agora” Ramil ahmetgaliev.

The logic of the tightening of anti-extremist and anti-terrorist legislation and increasing pressure on nonprofit organizations suggests that human rights defenders or members of the so-called third sector equate to the extremists, says ahmetgaliev.

According to Nikitin, the vague wording of the amendments Spring and Ozerov suggests a wide field for interpretation. If the bill is approved, theoretically, problems can occur among employees of any organization that in its title uses the word “international” — nothing will stop implementing the bill are yet to be determined, make a complaint to the International society “memorial”.

Person who has lost the citizenship of the Russian Federation due to the actions of the anti-terrorist package of amendments will be deprived of the common civil rights, said Igor Simonov, a lawyer of the Moscow bar Association “Knyazev and partners”, in particular the right to elect, be elected and qualify for certain positions.