“Second-class people”: the bill on deprivation of citizenship divided Russians

The spring session of the State Duma will begin with the solution of existential dilemmas. On January 16, at the first plenary meeting after the New Year holidays, the chamber can consider the next amendments to the law “On Citizenship of the Russian Federation” and answer the question more philosophical than legal: is it possible to take away from a person what was given to him by birth.

Amendments to the law “On Citizenship of the Russian Federation” may be considered in the first reading this Tuesday. The document was submitted to the lower house back in July and hung without movement for a very long time. And now, judging by the information in the State Duma database, it is being proposed for rejection altogether.

Why? Yes, because he is, to put it mildly, strange.

The point of the amendments is to bring all Russian citizens to a common denominator. We had it, the denominator, before. But in November last year, a law came into force that allowed the deprivation of citizenship of those who did not acquire it by birth, but were accepted as citizens and, after receiving a Russian passport, committed serious crimes against national security.

It seems like injustice and division of citizens according to grades have emerged. Some citizens (by birth) are first class; they can never be deprived of their passport, even for a dozen terrorist attacks. Others (not by birth) are second class, with all that it implies. There could even be ugly associations with the Baltic countries.

Senator from Crimea Sergei Tsekov and several other parliamentarians from the upper house showed concern for social justice and equality. They introduced amendments to the law on citizenship in the State Duma, which would equalize everyone’s right to be deprived of it: whether a citizen is by birth or otherwise, it’s all the same. If you have committed a crime from the list – your party card, that is, your passport, is on the table.

By the way, these amendments are followed by others – on expanding the list of crimes for the commission of which a person can be deprived of citizenship. To the current serious crimes of terrorist, sabotage and other clearly anti-state nature, the author, deputy from the Communist Party of the Russian Federation Mikhail Matveev, proposes to add several more offenses against the person and sexual integrity: murder, causing grievous harm to health, rape, and so on.

A day after registering in the Duma database with amendments to the law “On Citizenship,” strange things began to happen.

Three signatories, senators Olga Bas (from the LPR), Ekaterina Altabaeva and Sergei Kolbin (both representing Sevastopol), withdrew their signatures. There was clearly something wrong with the amendments.

Actually, everything is “wrong” with them, say citizenship experts. For example, at least that they violate the Constitution.

— A citizen of Russia by birth cannot be deprived of citizenship. We have a Constitution, and that’s it,” said HRC member Kirill Kabanov.

State Duma Deputy, Special Representative of the Lower House on Migration and Citizenship Issues Konstantin Zatulin expressed a similar position.

— It is wrong to deprive someone of citizenship by birth. The crime must be punished. For this purpose there is a Criminal Code, a system of correctional labor and punishment, and prisons. What is the meaning of deprivation of citizenship? Do we want to create a state of the pure, in which no crimes are committed? – Zatulin said. He also drew attention to the fact that foreigners who have committed a crime and have been granted Russian citizenship will face deportation after serving their prison sentence. In this case, where should we put “our own people”?

In terms of compliance with the Constitution, Senator Tsekov’s amendments are a real Schrödinger’s cat. They both violate it and do not violate it at the same time. In any case, this is how the State Duma Committee on Legislation and State Construction sees it.

“Taking into account the legislatively adopted concept of the new Federal Law “On Citizenship of the Russian Federation” (the one that allowed for the deprivation of citizenship of persons who did not receive it by birth for crimes. – Note “MK”) the legislative initiative under consideration cannot be considered inconsistent with the Constitution of the Russian Federation,” notes the head of the committee, Pavel Krasheninnikov, in his response to the bill and continues: “Although in its essential approach it may be considered incompatible with the norm of Part 3 of Article 6 of the Constitution, which established that a citizen of the Russian Federation does not may be deprived of his nationality or the right to change it.”

The essence approach seems to have won. At least for now. As stated in the review, “having a very positive assessment… of the goal and desire of its author to increase the guarantees of equality of citizens before the law,” the committee on legislation still did not recommend passing the amendments beyond the first reading.

By the way, the bill also received a negative review from the Cabinet of Ministers, which further reduces its chances.

But there is a nuance here worse than Schrödinger’s cat in a box. The main thing, according to parliamentarians, is not that deprivation of citizenship is completely contrary to the Basic Law. The main thing here is the fashionable word in psychology “awareness”. The point is this: when a person is admitted to citizenship, he pronounces the text of the oath. In particular, he undertakes to comply with the Constitution. And when he commits a crime, he thereby violates his oath.

Next, as they say, watch your hands. By violating the oath, it turns out that he, as if in the past, consciously informed the state of false information about his intention to observe and honor the Constitution. Here’s a diagram with time loops. It’s not a fact that Einstein would have figured it out.

But the main thing is that a citizen by birth cannot have all this – awareness, false reports in the past and other twists. After all, he becomes a citizen of Russia, having entered the mortal world from his mother’s womb completely unconsciously. This means that it is impossible to deprive him of his citizenship.