The human right to citizenship and the legitimacy of its restriction: theoretical aspect

The paper explores the main theoretical and legal approaches to understanding citizenship, its essence, legal nature, and significance for both the individual and the state. Special attention is given to the historical prerequisites for the formation of the right to citizenship, its historical origins, and its legal consolidation at the national and international levels. The article primarily focuses on the issue of restricting an individual’s right to citizenship, which is an important topic in modern legal science and international law. Various approaches to the possibility of citizenship deprivation as a measure of state coercion, its legal boundaries, and compliance with the principles of a democratic society are examined. The grounds on which a person may be deprived of citizenship are identified, with special attention given to crimes against the state, participation in terrorist activities and other actions that pose a threat to national security. The author studies international legal standards in the field of citizenship and emphasizes the importance of respecting human rights when making decisions on citizenship deprivation. The practices of certain states regarding the application of such mechanisms and their compliance with international legal norms, including the Universal Declaration of Human Rights and the European Convention on Nationality, are analyzed. The conclusions of the article emphasize that the deprivation of citizenship is an extreme measure that should be applied only under clearly defined grounds and with full adherence to legal safeguards. The author justifies the need to balance the state’s right to protect its sovereignty with its obligation to respect human rights and freedoms to prevent arbitrary decisions and violations of international standards. It is concluded that the deprivation of citizenship is lawful in cases where individuals engage in actions aimed at undermining the state’s external or internal security or violating fundamental human rights. These actions include terrorism, organizing and actively participating in organizations and movements seeking to eliminate state sovereignty or violate territorial integrity, crimes against humanity, and other similar offenses.