Mikhaylova E.V. Hereditary capacity of foreign citizens and holders of dual citizenship

Abstract: This article focuses on the challenging issue related to the implementation of such hereditary legal capacity of foreign citizenship holders as inheritance of land belonging to the category of agricultural land and land located in the border areas. This largely formal restriction does not apply to holders of dual citizenship because under the Russian legislation they are considered as citizens of Russia. The author gives the example of similar restrictions operating in the Republic of Estonia and the laws of the Kyrgyz Republic. In writing this article, the author uses the method of comparative legal studies and historical retrospective analysis. Furthermore, this paper follows the method of “proof by contradiction”. The author refutes the widespread thesis that the Russian law explicitly prohibits persons who have foreign citizenship to own land related to agricultural or located in the border area. Since this particular conclusion was based on the general rules of the legislation, it is clear that what is said in this article concerning land relations can be applied to other public relations, legal regulation of which permits restrictions on the rights of participants, personal statute of whom is defined by the rule of law of a foreign country, i.e. corporate and labor relationship.

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