UNION OF SOVIET SOCIALIST REPUBLICS: LAW ON CITIZENSHIP

UNION OF SOVIET SOCIALIST REPUBLICS: LAW ON CITIZENSHIPSource: International Legal Materials, Vol. 20, No. 5 (SEPTEMBER 1981), pp. 1207-1210Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20692350 .

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UNION OP SOVIET SOCIALIST REPUBLICS: LAW ON CITIZENSHIP*

THE LAW

OF THE UNION OF SOVIET SOCIALIST

REPUBLICS ON CITIZENSHIP OF THE USSR The citizens of the USSR enjoy the full soci

al, economic, political and individual rights and freedoms, as proclaimed and guaranteed

by the Constitution of the USSR and the Soviet laws.

The Soviet socialist people's state protects

the rights and freedcms and ensures the equa

lity of the citizens of the USSR in all areas of economic, political, social and cultural life.

A citizen of the USSR must observe the Con

stitution and the Soviet laws, be worthy of the

high status of the USSR citizen, guard the in

terests of the Soviet state, help build up its

strength and prestige and be loyal to his so

cialist Homeland.

I. GENERAL PROVISIONS

Article 1. Common Federal Citizenship In accordance with the Constitution of the

Union of Soviet Socialist Republics, in the

USSR there is established common federal ci

tizenship. Each citizen of a Union Republic shall be a

citizen of the USSR.

USSR citizenship shall be equal for all So

viet citizens irrespective of the grounds for

its acquisition.

Article 2. Federal and Republican Le

gislation on Soviet Citizenship The legislation of the Union of Soviet So

cialist Republics on Soviet citizenship shall

consist of the present Law, defining, in accor

dance with Article 33 of the Constitution of

the USSR, the grounds for, and procedure of,

acquisition or loss of Soviet citizenship, and

the other legislative acts of the USSR.

The legislation of a Union Republic shall re

solve the issues of Soviet citizenship placed within the scope of its competence by the

Constitution of the USSR, the Constitution of

the Union Republic and the present Law.

Article 3. Right of Soviet Citizenship The citizens of the USSR shall be: individuals who had USSR citizenship as of

the day of the entry into force of the present Law;

individuals who have acquired Soviet citi

zenship in conformity with the present Law.

Article 4. Retention of USSR Citizenship Upon Contraction or Termination of Marriage

Contraction cf marriage by a USSR citizen

with a person of foreign nationality or a sta

teless person, as equally the termination of

such a marriage shall not entail a change of the

citizenship of the spouses.

Acquisition or loss of USSR citizenship by either of the spouses shall not entail a change of the citizenship of the other spouse.

Article 5. Retention of USSR Citizenship by Persons Living Abroad

The very fact of a USSR citizen living abro

ad does not entail a loss of USSR citizenship.

Article 6. Soviet State's Protection of

USSR Citizens Abroad. In conformity with the Constitution of the

USSR, USSR citizens abroad shall have the de

fence and protection of the Soviet state.

Article 7. InadmissibHify of Extradition of a USSR Citizen to a Foreign State

A USSR citizen cannot be extradited to a

foreign state.

A r t ic I e 8. Non-Recognition of a USSR Citizen's Dual Nationality

No person, being a USSR citizen, shall be

recognised as having a foreign nationality.

A r t ic I e 9. Stateless Persons

Persons living on the territory of the USSR

without being USSR citizens, and having no

proof of having a foreign nationality, shall be

considered stateless persons.

II. ACQUISITION OF CITIZENSHIP OF THE USSR

Article 10. Grounds for Acquisition of

Citizenship of ihe USSR Citizenship of the USSR is acquired: 1) by birth; 2) as a result of admission to citizenship of

the USSR; 3) on grounds provided by international

treaties of the USSR;

[Reproduced from International Affairs (Moscow), No. 1 (1979), pp. 141-45.

[The Law was put into effect on July 1, 1979, by Resolution of the Supreme Soviet of the U.S.S.R. dated December 1, 1978. The text of that Resolution appears at I.L.M. page 1210.]



1208

4) on other grounds provided by this Law.

Article 1 1. Citizenship of Children Whose Parents Are Citizens of the USSR

A child, both of whose parents at the time

of its birth were citizens of the USSR, is a citizen of the USSR, irrespective of whether

being born on the territory of the USSR or outside of the USSR.

Article 12. Citizenship of Children, One of Whose Parents Is a Citizen of the USSR

If the citizenship of the parents is not the same, but at least one of them at the time of

the child's birth was a citizen of the USSR, the child is a citizen of the USSR:

1) if it is born on the territory of the USSR; 2) if it is born outside of the USSR, but the

parents or at least one of them had a perma nent place of residence on the territory of the

USSR.

If the citizenship of the parents is not the same, but at least one of them at the time of

the child's birth was a citizen of the USSR, if at the time both parents had a permanent pla ce of residence outside of the USSR, the citi"

zenship of the child born outside of the USSR is determined by agreement of the parents.

A child, one of whose parents at the time

of its birth was a citizen of the USSR, and the other was stateless or else unknown, is a citi

zen of the USSR irrespective of the place of birth.

Article 13. Acquisition of Citizenship of the USSR by Children of Stateless People

A child of stateless people, with a perma nent place of residence in the USSR, and who

is born on the territory of the USSR, is a citi zen of the USSR.

Article 14. Citizenship of Children, Whose Parents Are Unknown

A child, who is on the territory of the USSR and whose both parents are unknown, is a ci

tizen of the USSR.

Article 15. Admission to Citizenship of the USSR

Foreign citizens and stateless people can,

at their request, be admitted to citizenship of

the USSR in conformity with this Law, irrespe ctive of race, nationality, sex, education, lan

guage and place of residence.

III. LOSS OF CITIZENSHIP OF THE USSR.

RESTORATION OF CITIZENSHIP OF THE USSR

Article 16. Grounds for Loss of Citizen

ship of the USSR.

Citizenship of the USSR is lost:

1) as a result of renunciation of citizenship of the USSR;

2) as a result of deprivation of citizenship of the USSR;

3) on grounds provided for by the interna tional treaties concluded by the USSR;

4) on other grounds envisaged in this Law.

The loss of citizenship of the USSR entails the loss of citizenship of the respective Union

Republic.

Article 17. Renunciation of Citizenship of the USSR

Renunciation of citizenship of the USSR is sanctioned by the Presidium of the Supreme Soviet of the USSR.

A sanction to renounce citizenship of the

USSR may not be granted if the person app

lying for renunciation has unfulfilled commit

ments to the state or property commitments in

volving the essential interests of citizens or

state, cooperative and other public organisa tions.

Renunciation of citizenship of the USSR is not permitted if the person applying for re

nunciation is called to account as a defendant

or there is against him a sentence of a court

of law, which has taken legal effect and is to be enforced, or if renunciation of citizenship of the USSR by the person runs counter to the

interests of state security of the USSR.

Article 18. Deprivation of Citizenship of the USSR

Deprivation of citizenship of the USSR may take place as an exceptional case by decision

of the Presidium of the Supreme Soviet of the USSR, if the person concerned has committed

actions discrediting the high status of a citi zen of the USSR and damaging to the prestige or state security of the USSR.

A person's deprivation of citizenship of the

USSR shall not entail a change in the citizen

ship of his spouse and children.

Article 19. Restoration of Citizenship of the USSR

A person who has lost citizenship of the

USSR may have it restored on his application by decision of the Presidium of the Supreme Soviet of the USSR. IV. CITIZENSHIP OF CHILDREN IN CASE OF CHANGES IN THE CITIZENSHIP OF THE PARENTS AND IN THE EVENT OF ADOPTION

Article 20. Change of the Citizenship of Children in the Event of Citizenship Being Changed by Both Parents

With the changing of citizenship of the pa

rents, by virture of which both become citi



1209

zens of the USSR or both renounce citizenship of the USSR, there is the appropriate change in the citizenship of their children under the

age of 14.

Article 21. Acquisition of Citizenship of the USSR by Children in the Event of One of the Parents Acquiring Citizenship of the USSR

If one of the parents becomes a citizen of

the USSR, while the other remains a foreign

national, the child may acquire citizenship of

the USSR on application from the parent who

is acquiring citizenship of the USSR. If one of the parents becomes a citizen of

the USSR, while the other remains a stateless

person, the child living on the territory of the

USSR becomes a citizen of the USSR. If one of the parents becomes a citizen of

the USSR, while the other remains a stateless

person, the child living outside the USSR may acquire citizenship of the USSR on application from the parent acquiring citizenship of the

USSR.

Article 22. Retention by Children of Ci

tizenship of the USSR in the Event of One of the Parents Renouncing Citizenship of the USSR

If one of the parents renounces citizenship of the USSR, while the other retains it, the child retains citizenship of the USSR.

Article 23. Acquisition by Children of

Citizenship of the USSR in Case of Adoption A child who is a foreign national or a sta

teless person, when adopted by citizens of the

USSR, becomes a citizen of the USSR.

A child who is a foreign national, when

adopted by a married couple one of whom is

a citizen of the USSR and the other a stateless

person, becomes a citizen of the USSR.

A child who is a stateless person, when

?dopie? by a married couple one of whom is

a citizen of the USSR, becomes a citizen of the

USSR.

A child who is a foreign national, when

adopted by a married couple one of whom is

a citizen of the USSR and the other a foreign

national, becomes a citizen of the USSR by ag reement of the adopters.

Article 24. Retention by Children of Ci

tizenship of the USSR in Case of Adoption A child who is a citizen of the USSR, when

adopted by foreign nationals or adopted by a married couple one of whom is a citizen of the

USSR and the other a foreign national, retains

citizenship of the USSR. At the request of the

adopters such a child may be allowed by the

Presidium of the Supreme Soviet of the USSR to renounce citizenship of the USSR.

A child who is a citizen of the USSR, when adopted by stateless persons or adopted by a

married couple one of whom is a citizen of the

USSR and the other a stateless person, retains

citizenship of the USSR.

Article 2 5. Necessity of Consent by Children When Changing Their Citizenship

The citizenship of children between 14 and 18 years of age, in the event of their parents

changing citizenship and also in case of adop tion, may be changed only with the consent

of the children given in written form.

V. CONSIDERATION OF APPLICATIONS AND REPRESENTATIONS ON QUESTIONS OF CITIZENSHIP

Article 26. Bodies Adopting Decisions on Questions of Soviet Citizenship.

The Presidium of the Supreme Soviet of the USSR shall adopt decisions on:

applications for admission to citizenship of

the USSR from foreigners and stateless persons

residing abroad;

applications for admission to citizenship of

the USSR from foreigners and stateless persons

residing in the USSR, if the Presidium of the Supreme Soviet of the USSR has passed deci

sions as regards their citizenship;

applications for restoration in citizenship of

the USSR, the renunciation of citizenship of the USSR and also on representations on the de

privation of citizenship of the USSR; on other applications on questions of Soviet

citizenship, adopted for consideration by the

Presidium of the Supreme Soviet of the USSR.

Decisions on applications for admission to

citizenship of a Union Republic and thereby to citizenship of the USSR from foreigners and

stateless persons permanently residing on the

territory of a Union Republic, shall be adop ted by the Presidium of the Supreme Soviet of a Union Republic.

The Presidium of the Supreme Soviet of the USSR or the Presidium of the Supreme Soviet

of a Union Republic shall issue decrees cn qu estions of the change in citizenship and reso

lutions in case requests on questions of citi

zenship have been refused.

The change in citizenship shall become effe

ctive on the day of the issuance of a decree

by the Presidium of the Supreme Soviet of the USSR or by the Presidium of the Supreme So viet of a Union Republic, unless a decree sta

tes otherwise.



1210

Article 2 7. Applications on Questions

of Citizenship

Applications on questions of citizenship of

the USSR shall be addressed to the Presidium of the Supreme Soviet of the

USSR or the Presidium of the Supreme Soviet

of a Union Republic, correspondingly. Persons residirtg abroad shall submit appli

cations via diplomatic or consular missions of

the USSR.

Applications on questions of citizenship of

persons below the age of 18 shall be submit

ted by their legal representatives.

Article 28. Procedure of Consideration of Applications and Representations on Questi

ons of Citizenship The procedure of the consideration of appli

cations and representations on questions of

citizenship, the preparation and formalisation

of materials on these questions and also on the

establishment of belonging to citizenship of the USSR shall be determined by the Presidium of the Supreme Soviet of the USSR and on questi ons of citizenship referred to the competence of a Unron Republic, by the Presidium of the Supreme Soviet of ? Union Republic.

VI. INTERNATIONAL TREATIES

Article 2 9. Application of International Treaties

If an international treaty to which the USSR

is a party, sets forth rules differing from those

contained in the present Law, the rules of an

international treaty shall be applied.

L. BREZHNEV, Chairman of the Presidium

of the Supreme Soviet of the USSR

M. ?EORGADZE, Secretary of the Presidium

of the Supreme Soviet of the USSR

The Kremlin, Moscow, December 1, 1978.

RESOLUTION OF THE SUPREME SOVIET

OF THE USSR

ON PUTTING INTO EFFECT THE LAW

ON CITIZENSHIP OF THE USSR

In connection with the adoption of the Law of the USSR on Citizenship of the USSR the Supreme Soviet of the Union of Soviet Socialist Republics resolves:

Article 1. To put into effect the Law of the USSR oii Citizenship of the USSR as of .Inly 1, 1979.

Article 2. To instruct the Presidium of the Supreme Soviet of the USSR to es tablish the procedure of putting into effect the Law of the USSR on Citizenship of the

USSR and bring the legislation of the Uni on of Soviet Socialist Republics in line with this Law.

Article 3. To declare invalid, as of

July 1, 1979, the Law of the USSR on Ci

tizensliip of the Union of Soviet Socialist

Republics adopted on August 19, 1938 (The Bulletin of the Supreme Soviet o? the USSR, 1938, No. 11; 1953, No. 20; and 1954, No. 10,

Art. 214).

L. BREZHNEV, Chairman of the Presidium

of the USSR Supreme Soviet

M. GEORGADZE, Secretary of the Presidium

of the USSR Supreme Soviet

The Kremlin, Moscow,

December 1, 1978.



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UNION OF SOVIET SOCIALIST REPUBLICS: LAW ON CITIZENSHIP