Külügyi Szemle - A Teleki László Intézet Külpolitikai Tanulmányok Központja folyóirata - 2003 (2. évfolyam)
2003 / 3. szám - EURÓPA - Sáfi Csaba: A Few Words on the Federal Law on State policy of the Russian Federation with regard to Fellow Countrymen Abroad
A Few Words on the Federal Law on State Policy of the Russian Federation The text of the law, therefore, defines the concept of fellow countrymen abroad rather comprehensively. It follows from this that, according to law, Russia is obliged to assist not only the Russian and non-Russian persons who have lived in the "Near Abroad" following the dissolution of the Soviet Union but every other person who ended up abroad as a citizen of the Soviet Union or czarist Russia, or is a descendant of these persons, should these persons consider themselves fellow countrymen. Such a comprehensive interpretation of the concept of fellow countrymen, which also includes the Russian citizens who live abroad permanently, renders practically impossible to estimate the number of those who might fall under the effect of the law. Article 3 of the law deals with the procedure of recognition of one's fellow countryman status and the reinforcement of one's possession of the fellow countryman status. Accordingly: • the effect of the law automatically extends to those who live abroad and possess dual citizenship (Section 1); • the effect of the law extends to emigrants who used be Soviet citizens and their descendants only in the case if the qualified persons, who fall under the effect of the law otherwise, declare this claim of theirs out of their free will. A separate document (certificate) certifies one's belonging to the fellow countrymen (Section 2); • the document (certificate) is issued abroad - on the basis of documents defined in Article 4 (see the other provisions of the law section) - at the diplomatic and consular representations of the RF within a month following the submission of the written application. Within the territory of the RF, the application is to be sent to the appropriate internal affairs' organ according to the claimant's residence (Section 3); • one can lodge an appeal against the decision at the superior administrative body or directly at the court (Section 4). According to this article of the law, therefore, the recognition of one's belonging among the fellow countrymen and the issuing of the document connected to this is an exclusive task of the state organs of the RF (including of the foreign representations). The fact that the article ensures the possibility of an appeal can be considered a positive element but several problems arise from the participation of foreign representations in the issuing of certificates for fellow countrymen: • being familiar with the difference of opinions developed around the situation and status of persons of Russian nationalists in certain countries of the "Near Abroad", further debates may develop and hamper the practical enforcement of the law in those states where the support of fellow countrymen would be the most essential; • it is dubious whether the foreign representations of the RF will be able to execute the additional tasks resulting from the implementation of the law. 2003. ősz 45
