Admissibility of Deprivation of Nationality and Extradition of a Person with Multiple Nationalities Who has Committed a Crime

Abstract

Improvement of methods of fighting against transnational crime demands the analysis of possible legal consequences which the state has the right to use the whilst observing obligations in the sphere of protection of human rights. This article takes into account regularities in the development of the legal regulation of multiple nationality (citizenship), the disclosure of its essence, the question of the admissibility of deprivation of nationality and an extradition of a ‘polipatrid’, i.e. the person having the nationality of two or more states. Historical, legal and teleologic interpretations of norms of the Constitution of the Russian Federation allows the author to draw the conclusion that these norms which were accepted for restriction of opportunities of the state on a rupture of legal communication with the citizen completely exclude possibility of the introduction of the institute of deprivation of Russian nationality. However they do not deter the introduction to the legislation (or in the international treaty) rules about the extradition of such a person. The conditions of such a transfer can be the consent (petition) of the person with regard to it and determining the country of continuous residence. Refs 19.