Dual citizenship of the Russian Federation and the Republic of Abkhazia: problems of doctrinal interpretation and law enforcement (based on the materials of judicial practice)

Бесплатный доступ

Taking into account the analysis of the regularities of the formation of the institution of dualcitizenship, the article considers the issues of legal regulation of the legal status of citizens of the Russian Federation who have dual citizenship, one of which is the citizenship of countries that have not received recognition by the international community. Comparative legal analysis and teleological interpretation of the provisions of the Constitution of the Russian Federation of 1993, the Constitution of the Republic of Abkhazia of 1999. They allowed the author to conclude that the extradition, extradition and prosecution of persons with dual citizenship are hindered by constitutional conflict of laws norms that were adopted by the Russian Federation and the Republic of Abkhazia in order to limit the state’s ability to break the legal connection with its citizen and contain a constitutional ban on the deprivation of citizenship. However, these norms do not prevent the inclusion in a bilateral international treaty of rules on the extradition and extradition of persons with dual citizenship. The conditions for the extradition of persons with dual citizenship who have committed a crime on the territory of the Russian Federation may be the introduction into the bilateral agreements of the Russian Federation and the Republic of Abkhazia (as well as other neighboring countries) of the principle of reciprocity, the rules and procedure for extradition, extradition in order to eliminate mutual obstacles to the execution of court decisions in respect of persons with dual citizenship.

Еще

Citizenship, double citizenship, extradition, revocation of citizenship, crime, responsibility

Короткий адрес: https://sciup.org/140261766

IDR: 140261766   |   DOI: 10.51980/2542-1735_2021_3_153

Статья научная