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2о8
NATURALISATION, &с. P. v., Сн. xix.
fixed b}’ the court, that such non-compliance with instructions was
due to circumstances either wholly or partly exonerating him from
blame. Until he is able to do this he is regarded as one whose place
of residence is unknown and his property is placed in trust on the
basis of the Civil Laws applicable to the case.
" Any person absenting himself abroad for a longer period than
he has had permission for and without showing sufficient reason for
so doing or obtaining permission from the authorities to extend his
leave, is also classed as one whose residence is not known, and his
property is placed in charge of trustees."
In future the conditions under which Russian nationality can be
given up will be placed on a new footing. According to a project of
law regarding nationality, introduced by special Interdepartmental
deliberations of the Russian Home Ministry, Russian nationality can
be relinquished in the following cases :—
1. Adoption of illegitimate children of Russian nationality by the
father who is of foreign nationality (Art. 35 of the project).
2. Marriage of a Russian woman with a foreigner (Art. 36 of the
project).
3. Exclusion from Russian nationality by the Russian Ministry
of Home Affairs.
Such exclusion takes place :—
(a) If a Russian subject becomes a foreign subject without
having relinquished his Russian nationality, and if the aforesaid
subject has entered the Civil or Military service of a foreign
power, and does not leave that service after having received
orders to do so from the Russian Government.
(b) If a naturalised Russian subject obeys the laws of the
country to which he formerly belonged, and takes advantage
of the rights of his previous nationality.
(c) If a man evades actual military service, or naval service,
or service in the Reserve or in the Militia in the event of
mobilisation (Art. 37 of the project).
(d) When Russian nomads leave Russian territory.
4. If a Russian subject petitions to change his nationality and there
are no special reasons enumerated in Arts. 41 and 42 of this project
against the granting of such a request.
At present foreign legislation as to naturalisation sometimes
conflicts with the Russian law on the subject. For instance, according
to English law, as expressed in the Naturalisation Act of 1870, a
foreigner who has lived five years in the LTnited Kingdom, or who
during a like period has been abroad on British service, is entitled to
take out papers of naturalisation, the Home Secretary admitting a
Russian subject to naturalisation regardless of whether he has been
permitted by His Majesty the Russian Emperor to lay aside his Russian
nationality or not. A Russian subject, therefore, who has taken
out papers of naturalisation in Great Britain without having first
obtained the express permission of His Majesty the Emperor to divest
himself of his Russian nationality, remains a Russian subject in so
far as Russia is concerned, his naturalisation being null and void
in the eyes of Russian law, and not even the British Embassy at
Petrograd can interfere on his behalf if he return to Russia.
§ 192.
§ 192.
Great
Britain.
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