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Legal Studies
Reference:
Proniakina S.
Dual citizenship in the context of the interaction of international and national public law
// Legal Studies.
2022. № 5.
P. 61-75.
DOI: 10.25136/2409-7136.2022.5.38115 URL: https://en.nbpublish.com/library_read_article.php?id=38115
Dual citizenship in the context of the interaction of international and national public law
Proniakina Svetlana
Postgraduate student, the department of Constitutional and Municipal Law, Voronezh State University
394018, Russia, Voronezhskaya oblast', g. Voronezh, ul. Pl. Lenina, 10A, korpus 9
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svpronyakina@ya.ru
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Other publications by this author
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DOI: 10.25136/2409-7136.2022.5.38115
Received:
21-05-2022
Published:
31-05-2022
Abstract:
The subject of the study is international legal conventions and agreements concluded in the XX-XXI centuries on issues of dual citizenship. The methodological basis of the research consists of the following methods of cognition: system legal analysis, comparative legal and formal legal analysis. The purpose of the work is to compare international legal norms that consolidate the legal status of persons with dual citizenship. The article examines the issues of military duty and tax payment by bipatrides, as well as the constitutional and legal regulation of legal relations related to citizenship, analyzes the institution of dual citizenship in the context of the protection of state sovereignty. The author considers bilateral international legal agreements concluded on issues of dual citizenship. The author concludes that the adopted international acts are mainly aimed at reducing the occurrence of dual citizenship, which indicates the unwillingness of countries to openly recognize this legal institution. The scientific novelty of the study lies in the fact that the author proposes the inclusion in international legal acts on the avoidance of double taxation of additional criteria for determining the status of tax residence of bipatrids. In order to develop international cooperation with the Republic of Belarus, the author proposes the adoption of a single Union normative legal act in the field of citizenship, which enshrines the rights and obligations of citizens of the Union State and establishes that citizens of the Union State are not persons with dual citizenship.
Keywords:
citizenship, dual citizenship, bipatrides, state, international treaties, international conventions, international standards, Union State, unified union citizenship, double taxation
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2. Bilateral international legal treaties on dual citizenship, as a rule, contain provisions regulating the performance of military duty, in particular, provide for military service only in one of the States. 3. The issues of fulfilling the obligation of individuals to pay taxes are regulated by international legal acts on the avoidance of double taxation. We believe that they should contain additional criteria for determining tax residency for bipatrids in order to avoid double taxation. 4. In order to develop international cooperation between the Russian Federation and the Republic of Belarus, it is relevant to adopt a single Union normative legal act in the field of citizenship, which enshrines the rights and obligations of citizens of the Union State and establishes that citizens of the Union State are not persons with dual citizenship.
References
1. Konyukhova, I.A. (2006). International and constitutional law: theory and practice of interaction. Moscow: Formula of Law. 496 p.
2. Shevtsov, V.S. (1969). Citizenship in the Soviet Union State. Moscow: Jurid. lit. 167 p.
3. Gessen, V.M. (1909). Citizenship, its establishment and termination. SPb: Type. Pravda. 458 p.
4. Chernichenko, S.V. (1968). International legal issues of citizenship. Moscow: International relations. 160 p.
5. Smirnova, E.S. (2019). The problem of determining the rights of persons with multiple citizenship: the movement from constitutional law to international law. Constitutional and municipal law, 4, 35-41.
6. Gagloev, O. F. (2020). International legal development of dual citizenship: historical and legal aspect. Journal of foreign legislation and comparative law, 3, 115-129. doi: 10.12737/jflcl.2020.022
7. Boyars, Yu.R. (1981). Citizenship in international and domestic law. Riga: Latvian State University P. Stuchki. 160 p.
8. Kutafin, O.E. (2003). Russian citizenship. Moscow: Jurist. 587 p.
9. Mironov, V.F. (Ed.). (2003). Citizenship in the Russian Federation: Russian and international acts. Comments of the legislation. Moscow: Publishing house NORMA.503 p.
10. Fernandes, F.L. (1978). La contratacion en Espana por extranjeros. Madrid.
11. Avtonomov, A.S. (2007). Constitutional (state) law of foreign countries. Moscow: TK Velby, Publishing House Prospekt. 547 p.
12. Krasinsky, V.V. (2017). Protection of state sovereignt. Moscow: Publishing house NORMA. 607 p.
13. Volokh, V.A., Voronina, N.A. (2018). On the issue of dual citizenship. Law and Politics, 1, 39-47. doi: 10.7256/2454-0706.2018.1.22850 Retrieved from https://nbpublish.com/library_read_article.php?id=22850.
14. Tishin, A.P. (2021). Bipatride: features of employment and income taxation. Actual issues of accounting and taxation, 11, 75-82.
15. Batsyleva, I.A. (2017). Tax residence of individuals: criteria and conditions. Moscow: Editorial board of Rossiyskaya Gazeta. 143 p.
16. Avakyan, S.A. (2003). Citizenship, foreigners, external migration. St. Petersburg: Publishing house Legal Center Press. 641 p.
17. Egorov, A.V. (2021). To the question of the formation of the legal system of the Union State of Belarus and Russia. Journal of Russian Law, 6, 14-26.
Peer Review
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A REVIEW of an article on the topic "Issues of dual citizenship in the context of interaction between international and national public law". The subject of the study. The article proposed for review is devoted to topical issues of legal regulation of relations regarding dual citizenship from the point of view of the norms of international and national public law. The author identifies problems in the ratio of this regulation, offers his own solution to them. The subject of the study was the provisions of international legal acts, the norms of Russian legislation, and the opinions of scientists. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the issue of legal regulation of relations regarding dual citizenship from the point of view of the norms of international and national public law. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as to draw specific conclusions from the provisions of international legal acts. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (primarily the provisions of international legal acts). For example, the following conclusion of the author: "Declarative norms on the prohibition of discrimination are contained in the International Convention on the Elimination of All Forms of Racial Discrimination of 1966 (concluded in New York on March 7, 1966). This Convention stated that the exercise of the right to citizenship should not be restricted on the grounds of race, gender, language, religion, of political or other beliefs." It is necessary to positively assess the possibilities of the historical and legal research method associated with the study of trends in the development of the institutions considered by the author. In particular, the aspects of the development of the rules on dual citizenship in various historical periods are studied. For example, the following conclusion is proposed: "In the XIX century and the beginning of the XX century. In addition to the "law of the soil", when determining the citizenship of a child, most states followed the principle of paternal preference. This practice has contributed to the reduction of cases of dual citizenship in marriages with different citizenship of the spouses. However, with the spread of the women's rights movement and the normative consolidation of gender equality, many States began to abandon the principle of the primacy of paternal citizenship for children. In addition, if earlier a woman, having married, assumed her husband's citizenship, losing her original citizenship, then after the adoption by the UN General Assembly on January 29, 1957 of the Convention on the Nationality of a Married Woman, the situation changed. According to this Convention, the conclusion, dissolution of marriage, change of citizenship of the husband does not affect the citizenship of the wife." It should be noted that the author of the article effectively used other research methods. Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of dual citizenship is complex and ambiguous. There are discussions on this topic in science, various points of view are offered, a number of which are given in the reviewed article. The author is right to highlight this aspect of relevance. On the practical side, it should be recognized that problems often arise in practice when resolving certain aspects, for example, in the field of tax collection from persons with dual citizenship. Therefore, concrete practical proposals to resolve these problems could be promising and necessary. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "As a result of the conducted research on the issue of international legal regulation of issues of dual citizenship, the following conclusions can be drawn. 1. Most of the international legal acts adopted in the XX-XXI centuries on issues of dual citizenship are aimed at reducing the occurrence of dual citizenship, which indicates the reluctance of countries to recognize the institution of dual citizenship. 2. Bilateral international legal treaties on dual citizenship, as a rule, contain provisions regulating issues of military duty, in particular, provide for military service only in one of the States. 3. The issues of fulfilling the obligation of individuals to pay taxes are regulated by international legal acts on the avoidance of double taxation. We believe that they should contain additional criteria for determining tax residency for bipatrides in order to avoid double taxation. 4. In order to develop international cooperation between the Russian Federation and the Republic of Belarus, it is important to adopt a single union normative legal act in the field of citizenship, which enshrines the rights and obligations of citizens of the Union State and establishes that citizens of the Union State are not persons with dual citizenship." These and other theoretical conclusions can be used in further scientific research. Secondly, the author has made generalizations of international legal acts of various historical periods on the issue of dual citizenship of subjects, which may be useful for practicing lawyers and other specialists in this field. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Legal Studies", as it is devoted to legal problems related to international and national regulation of relations regarding the citizenship of individuals. The content of the article fully corresponds to the title, since the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia and other countries (Konyukhova I.A., Shevtsov V.S., Gessen V.M., Chernichenko S.V., Smirnova E.S., Egorov A.V. Fernandes F.L. and others). Many of the cited scholars are recognized scholars in the field of constitutional and international law. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotations of scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the issue of improving the legal regulation of relations regarding dual citizenship. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"
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