Polish citizenship

Population from the territory of the former Russian partition (Russian Empire)

In order to obtain Polish citizenship after the Second Republic of Poland regained its independence, the population coming from the areas of the former Russian partition had to show that they were settled in this territory of the former Russian Empire, which fell to Poland after World War I and the 1920 Polish-Bolshevik war. Settlement, however, should not be understood as actual, even long-term residence in a given territory, but as a type of public-legal bond linking an individual to a given territory.

The prerequisite for acquiring Polish citizenship by operation of law by persons residing in areas of the former Russian partition (which were not part of the Kingdom of Poland) was stipulated in Article 2, point 1(d) of the 1920 Act on Citizenship of the Polish State. In order to acquire Polish citizenship ex lege, they had to be enrolled in an urban or rural municipality or one of the state organizations in the territory that fell to the Second Republic after the war. This "settlement" had to be demonstrated as of the date of promulgation of the aforementioned law, that is, January 31, 1920. Acquisition of Polish citizenship under the provisions of that law was therefore not dependent on actual residence on Polish territory.

Enrollment in an urban or rural municipality or in one of the state organizations in the lands of the Russian Empire that became part of the Polish state after World War I was to be judged according to the law of the Empire. This law did not know of a special enrollment in an urban or rural commune as a self-governing unit, and the phrase "enrolled in an urban or rural commune" used in the Law on Citizenship of the Polish State meant persons enrolled in the state of urban or rural citizens. In addition to the above states, there were two other states in the Empire - the nobility and the clergy. However, the clergy did not have local state organizations, so membership in this state could not be the basis for acquiring Polish citizenship.

The legal basis for assessing membership in one of the states was:

  • - Law on States in the Russian Empire (Zwód praw, vol. IX),
  • - Industrial Law for the Russian Empire (Zwód praw, vol. XI),
  • - Passport Law (Zwód praw, vol. XIV).

According to the legislation indicated above, the Russian nobility was divided into 6 groups: ennobled, military, civil officials with some rank, titled and hereditary noble families and foreign families.

The state of urban citizens under the general name of grahdan included: honorary citizens, merchants, burghers, craftsmen or guildsmen, and to the state of rural citizens - the peasant population.