Case N32-КГ16-21. On the recognition of the right to receive a pension for the period preceding the acquisition of Russian citizenship, the obligation to assign and pay the lost pension.

In the 21st century, the main wealth of the state is the citizens inhabiting the country. The relationship consisting in the mutual dependence of a person and the state is called citizenship. For our country, the current situation is when the majority of the population was born in the Soviet Union, which subsequently transformed into several states, one of which is the Russian Federation. In this article we will consider the issue of citizenship for those born in the USSR and how to obtain it in modern Russia.

How to acquire Russian citizenship

There are many foreign citizens who want to live in Russia, so the country’s legislation provides for two procedures for obtaining citizenship - general and simplified. This differentiation is due to the fact that the Russian Federation, like any civilized state, is interested in new citizens, but above all in those who have highly professional skills, a special cultural connection, etc.

For all others, there is a general procedure for admission to citizenship, which is associated with a number of requirements, significant financial costs and takes longer.

Persons who can obtain citizenship through a simplified procedure

There are a lot of former Soviet citizens who have a special cultural and historical connection with Russia, but due to the collapse of the Soviet Union they live outside its borders. Russia legally provides for a simplified system of obtaining citizenship for those born in the USSR, although not only they have the right to a simplified procedure.

Other categories of applicants for Russian citizenship include:

• foreigners who have at least one parent or child who is a citizen of the Russian Federation;
• had Union citizenship and did not obtain it in another state;
• were born on the territory of the RSFSR;
• carry out business activities in the Russian Federation;
• have been investors in Russian enterprises for at least 3 years;
• persons who have relatives who are citizens of the Russian Federation;
• persons whose significant part of their lives is connected with the Soviet Union, that is, the state provides a simplified opportunity to obtain Russian citizenship for descendants of the USSR.

If you have relatives in Russia, or you yourself were a citizen of the Soviet Union, we advise you to study how it happens

About USSR citizenship

Citizenship of the USSR - a country that has sunk into oblivion, like any other, it is expressed in a certain legal connection between a person and the state, in the presence of mutual rights and obligations in relation to each other. The problem is that currently there is no such state, so it is impossible to demand that it fulfill any duties. Since the Russian Federation recognizes itself as the legal successor of the Soviet Union, the rights of a citizen of the USSR in the Russian Federation are protected in the same way as the rights of a Russian.

In 1997, the passport of a citizen of the Russian Federation was introduced, and the Ministry of Internal Affairs was obliged from October 1997 to January 2004 to replace Soviet passports with Russian ones. This procedure was not easy and long, because it was necessary to ensure the rights of a huge number of people, check the data they provided and issue a huge number of passports. The procedure took a long time, and it is not surprising that citizens of the Russian Federation with a USSR passport met very often until 1998.

How to confirm citizenship of the Soviet Union

The youngest person at the moment who may face a problem related to how to prove USSR citizenship is now 27 years old. The fact of belonging to the Soviet Union is confirmed by a birth certificate. It is in it that a person’s place of birth is indicated, and it is this document that serves to determine the connection of its owner with the state until the moment of receiving a passport. If the certificate has not been preserved, you can obtain a duplicate upon request to the registry office or other authorized state bodies.

If for any reason you do not have a birth certificate, the next possible way to confirm your connection with the Union is to obtain a certificate from the migration authority of the state that was created on the site of the former Soviet republic, if, of course, such a country has replaced the passport of a USSR citizen to your internal document.

Since the process of replacing passports after the collapse of a huge state in its former republics was very labor-intensive and time-consuming, it was mandatory to document it, and therefore, such information must be stored in special archives. To obtain it in Russia, you must send a request to the Main Department of Migration Affairs of the Ministry of Internal Affairs at your place of residence with a request to issue a certificate with the appropriate explanations.

Civil registry offices are not the only body that can prove the existence of USSR citizenship. If a child was born abroad, then the relevant documents were issued to him by employees of the consulate or embassy of the Soviet Union in the corresponding country, which means that the necessary confirmation of this can be found in the archival documents of the Ministry of Foreign Affairs.

Termination of USSR citizenship

Article 20 of the USSR Citizenship Law of May 23, 1990 No. 1518-1 lists the grounds for its termination:

• exit, or renunciation of USSR citizenship (although, in fact, it was almost impossible to do this);
• loss of USSR citizenship;
• deprivation of USSR citizenship;
• on the grounds provided for in international treaties of the USSR;
• on other grounds provided for by this Law.

In addition, the termination of the Soviet indigenous status entailed the termination of citizenship of a union or autonomous republic.

The main provisions of the Law regarding the loss of the status of a citizen of the USSR were largely repeated in a similar law of the Russian Federation, for example:

• renunciation of Soviet citizenship is permitted at the request of a person in the manner established by this Law;
• this procedure may be refused if the person applying for withdrawal has unfulfilled obligations to the state or property obligations that are associated with the significant interests of citizens or state and public organizations;
• renunciation of USSR citizenship is not permitted if the person applying for renunciation has been brought to criminal liability as an accused or there is a court verdict against him that has entered into legal force and is subject to execution;
• if a person’s renunciation of USSR citizenship contradicts the interests of state security of the USSR.

The Soviet Union ended its existence, so we can say that, by default, all its citizens lost their belonging to this state, except that a certificate of renunciation of USSR citizenship was not issued to anyone in this situation. Residents of the former empire became citizens of new states formed on the basis of the former Soviet republics and received full autonomy and independence.

Requirements for former citizens of the USSR - applicants for Russian citizenship

According to the provisions of Federal Law No. 62-FZ of May 31, 2002 “On Citizenship of the Russian Federation” (hereinafter referred to as Federal Law No. 62), former citizens of the USSR can obtain Russian citizenship in a simplified manner if they meet certain requirements:

• permanent residence in Russia on legal grounds;
• having the status of a “native speaker of the Russian language”, obtained after an interview with a special commission (unfortunately, such status is not automatically granted by birth in the RSFSR);
• compliance with all laws of the Russian Federation (a completely logical requirement, including for all foreign citizens staying in the country);
• availability of a legal source of income (work, pension, rent);
• renunciation of existing citizenship of another state.

Only after completing these, in principle, simple steps can those born in the USSR apply for Russian citizenship.

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Pensions for retired migrants under the state program for compatriots

After this, in the manner established by the provisions of the legislation of the Russian Federation, this category of persons can submit a package of documents required in order to obtain a residence permit in accordance with the provisions of Federal Law Article 8 No. 115. This will allow them to subsequently count on obtaining permanent registration.

The application can be completed at the local branch of this government agency, through the Multifunctional Center or via the Internet. If you want to submit an application remotely, you will need to visit the official website of the Pension Fund, go through authorization and draw up a document.

09 Jun 2021 uristlaw 176

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Obtaining Russian citizenship on the basis of Soviet

In recent years, more and more people living in foreign countries, but who have retained the passport of a citizen of the USSR, dream of becoming Russians. Today, the Russian state, specifically to help persons wishing to obtain Russian citizenship, has introduced changes to the legislation that simplify the naturalization process; it has also developed and operates a program designed to facilitate the resettlement of compatriots from the former Soviet republics and from foreign countries.

Below we present a detailed algorithm telling how to obtain Russian citizenship with a USSR passport:

1. Determine whether the applicant meets the conditions established in Federal Law No. 62: availability of temporary residence permit, knowledge of the language, availability of legal income and other criteria.
2. Collect the necessary documents (they will be discussed below), pay the state fee (more detailed information is contained in Article 333.28 of the Tax Code of the Russian Federation) and write an application for citizenship. It is possible that you will have to write an application for recognition as a citizen of the Russian Federation in accordance with Article 41 of Federal Law No. 62. It is worth clarifying that the admission procedure and the procedure for recognition as a citizen are not the same thing. Those who received a Russian passport before July 1, 2002, but for some reason were unable to acquire citizenship, apply for recognition. The remaining persons who did not receive a passport within the stipulated time frame must now go through the admission procedure. Accordingly, the acquisition of Russian citizenship as a result of recognition is carried out more quickly and much easier.
3. In the regional offices of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation (hereinafter referred to as the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation), the authenticity of the provided documents and information about the candidate is checked, after which a decision on admission to citizenship or refusal is made within 1 month.
4. The procedure for taking the oath (given only after the change of citizenship from the USSR to the Russian Federation occurs), the text of which is pronounced in a solemn atmosphere, with the obligatory presence of state symbols, in a public manner. Information about taking the oath must be made public in open sources, including on official websites.
5. Get a Russian passport.

What documents are required

Documents confirming the presence of USSR citizenship are listed in paragraphs 14 (paragraphs b, d, f, g) and 22 (paragraphs 3-4) of the Regulations signed by Presidential Decree No. 1325 of November 14, 2002. The collection of necessary papers and certificates should be approach with full responsibility, since any inaccuracy or, what is even more problematic, false/fake information can complicate the procedure for obtaining citizenship for you or close this opportunity altogether.

There are several answers to the question that probably interests many, what document confirms USSR citizenship.

These documents may include:

• passport of a citizen of the Soviet Union;
• birth certificate issued in the USSR;
• certificate of exchange of a Soviet passport issued by the migration service of the country - the former republic;
• archival information from civil registry offices (in some cases, bodies of the Ministry of Foreign Affairs) or other authorized bodies of the former republic.

On the World Wide Web you can find a lot of advice on how to obtain a certificate of USSR citizenship from the Main Directorate for Migration of the Ministry of Internal Affairs (FMS) of Russia (for example, Manual No. 1).

Methods of registering to submit an application

You can make an appointment with the migration department to submit a package of documents online; to do this, you just need to use the State Services portal.

Next, step by step we perform the following steps:

1. Selection of the territorial body of the Main Directorate for Migration of the Ministry of Internal Affairs.
2. Selecting the type of service.
3. Selecting the type of operation.
4. Selecting the date and time of the appointment.
5. Entering the applicant's personal data.
6. Entering captcha.
7. Email address confirmation.
8. At the appointed time, come to the territorial office of the Main Department of Migration Affairs of the Ministry of Internal Affairs (a 10-minute delay may lead to cancellation of the electronic queue).

Which department should I contact?

The application with a package of documents must be taken to the Main Department of Migration of the Ministry of Internal Affairs (to the nearest branch to the place of permanent registration).

For those applicants who are not in Russia, another option is provided: a foreigner can apply to the consulate of the Russian Federation (in case of its absence, to the embassy).

You can bypass the requirement for permanent residence in Russia for 5 years and obtain citizenship using a simplified procedure. In this option, however, there are various nuances: for example, among citizens of Ukraine and some other states, only a number of applicants specified by law can apply for citizenship under a simplified procedure, among which:

• former citizens of the USSR who are currently stateless;
• children with parents who are citizens of the Russian Federation;
• incapacitated persons who have a guardian - a citizen of the Russian Federation.

In addition, such an application can be submitted through your authorized representative, but in this case you will need to issue a notarized power of attorney and have copies of all documents that will be submitted certified by a notary, as well as provide a compelling reason for the impossibility of submitting documents in person (illness, geographical remoteness of the location etc.) and be able to justify it.

Cost and duration of the procedure

Currently, the state fee for admission to Russian citizenship is 3,500 rubles. (Article 333.28 of the Tax Code of the Russian Federation). Stateless persons who previously had citizenship of the Soviet Union and who lived in a state that was previously a union republic, but never received its citizenship, are exempt from paying it.

As for the time frame for obtaining citizenship, it will vary depending on the procedure. Under the simplified procedure, the duration of the procedure is up to 6 months from the date of submission of the package of documents; in general, the wait will last approximately 1 year.

However, the period for consideration of the application will be reduced to 3 months if the applicant:

• has the status of a native speaker of Russian;
• participant in the State Program to assist the voluntary resettlement of compatriots living abroad to Russia;
• undergoes naturalization on the basis of the so-called quadrilateral agreement - the Agreement between the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan and the Kyrgyz Republic on a simplified procedure for acquiring citizenship (signed on February 26, 1999).

State bodies must inform the applicant about the decision taken within one month from the date of its adoption.

Pension for those who have received Russian citizenship

Hello! Of course he can. Art. 30 Federal Law on insurance pensions, all the grounds are indicated there. In any case, you need to contact the Pension Fund with all the documents you have. 1. An old-age insurance pension is assigned before reaching the age established by Article 8 of this Federal Law, if there is an individual pension coefficient of at least 30 to the following persons: 1) men upon reaching the age of 50 years and women upon reaching the age of 45 years, if they have worked, respectively, for at least 10 years and 7 years 6 months in underground work, in work with hazardous working conditions and in hot shops and have an insurance record of at least 20 years and 15 years, respectively. If these persons have worked in the listed jobs for at least half of the period established above and have the required duration of insurance experience, an insurance pension is assigned to them with a reduction in the age established by Article 8 of this Federal Law by one year for each full year of such work - for men and women; 2) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years, respectively, and have an insurance period of at least 25 years and 20 years, respectively. If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance experience, an insurance pension is assigned to them with a decrease in the age provided for in Article 8 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women; 3) women upon reaching the age of 50 years, if they have worked as tractor drivers in agriculture, other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines for at least 15 years and have an insurance record of at least 20 years ; 4) women upon reaching the age of 50, if they have worked for at least 20 years in the textile industry in work with increased intensity and severity; 5) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked respectively for at least 12 years, 6 months and 10 years as locomotive crew workers and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and subway, as well as as drivers of trucks directly in the technological process in mines, open-pit mines, mines or ore quarries for the removal of coal, shale, ore, rock and have an insurance experience of at least 25 years and 20 years, respectively; 6) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years 6 months and 10 years in expeditions, parties, detachments, at sites and in teams directly on field geological exploration, prospecting, topographic-geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have insurance experience of at least 25 years and 20 years, respectively; 7) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years 6 months and 10 years as workers, foremen (including senior ones) directly in logging and rafting, including servicing mechanisms and equipment, and have an insurance experience of at least 25 years and 20 years, respectively; men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked, respectively, for at least 20 years and 15 years as machine operators (docker-mechanizers) of complex crews for loading and unloading operations in ports and have an insurance period of at least 25 years, respectively years and 20 years; 9) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked respectively for at least 12 years 6 months and 10 years as a crew member on ships of the sea, river fleet and fishing industry fleet (with the exception of port ships permanently operating in port waters, service and auxiliary and traveling vessels, suburban and intracity traffic vessels) and have an insurance experience of at least 25 years and 20 years, respectively; 10) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked as drivers of buses, trolleybuses, trams on regular city passenger routes for at least 20 years and 15 years, respectively, and have an insurance record of at least 25 years, respectively, and 20 years; 11) persons directly employed full-time in underground and open-pit mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in the specified work at least 25 years, and for workers of leading professions - longwall miners, drifters, jackhammer operators, mining machine operators, if they have worked in such work for at least 20 years; 12) men and women who have worked, respectively, for at least 25 years and 20 years on ships of the marine fishing industry in the production, processing of fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of ships sea, river and fishing fleets; 13) men who have worked for at least 25 years and women who have worked for at least 20 years as civil aviation flight personnel, and when leaving flying work for health reasons - men who have worked for at least 20 years and women who have worked for at least 15 years in the specified composition of civil aviation; 14) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in direct control of civil aviation flights for at least 12 years 6 months and 10 years, respectively, and have an insurance record of at least 25 years and 20 years, respectively. years; 15) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in engineering and technical personnel in direct maintenance of civil aviation aircraft for at least 20 years and 15 years, respectively, and have insurance experience in civil aviation, respectively, not less than 25 years and 20 years; 16) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue units of the federal executive body exercising the functions of developing and implementing state policy, legal regulation in the field of civil defense, protection of the population and territories from natural and man-made emergencies, and those who participated in the elimination of emergency situations, upon reaching the age of 40 years or regardless of age; 17) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they were employed in work with convicted persons as workers and employees of institutions executing criminal penalties in the form of imprisonment, respectively, for at least 15 years and 10 years and have insurance at least 25 and 20 years of experience, respectively; 18) men and women upon reaching the age of 50 years, if they have worked for at least 25 years in positions of the State Fire Service (fire protection, fire protection and emergency rescue services) of the federal executive body exercising the functions of developing and implementing state policy, regulatory legal regulation in the field of civil defense, protection of the population and territories from natural and man-made emergencies; 19) persons who have carried out teaching activities in institutions for children for at least 25 years, regardless of their age; 20) persons who have carried out medical and other activities to protect public health in health care institutions for at least 25 years in rural areas and urban-type settlements and for at least 30 years in cities, rural areas and urban-type settlements, or only in cities, regardless of their age ; 21) persons who have carried out creative activities on stage in theaters or theatrical and entertainment organizations (depending on the nature of such activities) are at least 15 - 30 years old and have reached the age of 50 - 55 years or regardless of age.

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I moved to Russia for permanent residence and received citizenship. In Ukraine I have already received a long-service pension for 2 years already. When I applied to the Russian Pension Fund, they asked for my file, but they refused my pension because... years are not enough. Question: Am I rightfully being refused?

Why can they refuse?

According to Article 16 of the Law “On Citizenship of the Russian Federation”, the grounds for refusal to grant citizenship may be:

• submission of false information or forged documents;
• advocating for a violent change in the constitutional system of the Russian Federation;
• participation in military conflicts against the Armed Forces of the Russian Federation;
• presence of an outstanding criminal record;
• pursuit by law enforcement agencies;
• restrictions on entry into Russia;
• registration of a Russian passport using a stolen or counterfeit document.

Receiving a Pension in Moscow for Those Who Just Received Russian Citizenship

The procedure for obtaining Russian citizenship consists of several stages and takes time. In addition, to obtain a Russian passport, it is necessary to fulfill the conditions set by the Russian government and meet the requirements.

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Along with the application for Russian citizenship, you will need to provide the following materials: Otherwise, along with other documents, you will need to provide materials indicating fluency in the state language of the Russian Federation.