The applicant, who is stateless, was fined for violating immigration rules, and an expulsion order was issued against him, with a detention in an immigration detention centre prior to the expulsion. The applicant appealed against the detention, but the Court found no reasons to question the lawfulness of detention, as the law allows to detain foreigners and stateless persons prior to their expulsion.
The applicant is a stateless person, who committed an administrative offence of drug abuse, and was sentenced to administrative detention and expulsion. The Court considered that in his specific circumstances, which included statelessness and long-term residence in Russia since childhood, expulsion would be a disproportionate measure at risk of violating Russia's international human rights commitments, and reduced the sentence to administrative detention only.
The applicant is a stateless person, who has been fined and ordered to leave Russia due to lack of appropriate immigration documents. He was discovered in Russia again in 2014, fined, and an expulsion order was issued against him. The Court found that the applicant's statelessness does not exempt him from having to comply with immigration regulations.
The applicant attempted to renounce his Russian nationality as being a national of Russian Federation violated his religious beliefs. The request was refused, as he failed to provide proof of having another nationality or a guarantee of acquisition of another nationality upon renouncing his Russian nationality. The Constitutional Court ruled against the applicant, stating that prohibition on renunciation of a nationality that results in statelessness is in line with international norms, and that the mere possession of Russian nationality cannot be seen as a violation of religious beliefs.
The applicant, a Russian-speaking non-citizen of Estonia, applied for asylum in Russia, claiming discrimination on the basis of ethnicity in Estonia. The Court considers the problematic situation of non-citizens of Estonia, but concludes that the circumstances of the applicant's claim do not constitute basis for protection in Russia under the asylum framework.
The applicant has been residing in Russia since 2002 with a Russian passport. His request to renew his passport in 2011 was denied, reason being that his previous passport was not issued in accordance with applicable rules, the latter having been confiscated on the basis of the same decision. The refusal to renew the applicant's passport rendered him stateless, which was considered by the court as a strong argument to rule in favour of the applicant and declare the decision of the responsible authority unlawful.
The applicant is a former USSR citizen, who has been residing on the territory of Russian Federation since 1990. He has received an "insert" into his passport in 1994 as evidence of him being recognised as a Russian citizen, which was a standard procedure at a time. In 2011 a "verification" took place - a policy that resulted in questioning of many citizenships acquired after the fall of the Soviet Union, including the applicant. The Court sided with the applicant, considering among others that refusal to recognise him as a Russian citizen would result in his statelessness.
The applicant attempted to renounce her Russian nationality without proof of having another nationality or a guarantee of acquiring one. The Court decided that the constitutional right to change one's nationality does not amount to an absolute right to unilaterally renounce a nationality, and that it is not unconstitutional to impose a number of conditions on nationals before allowing renunciation, among which the condition of having secured an alternative nationality. Prohibition of renunciation of nationality with an aim of becoming stateless has been ruled as complying with international standards, in particular with the European Convention on Nationality.
The applicant was charged with an administrative offence for not having proof of permission to be on the Russian territory. The Court ruled that the applicant's identity has not been established with a sufficient degree of certainty to charge him with an administrative violation. If the applicant lacks identity documents, the authorities need to follow prescribed procedures for establishing identity before such person can be charged with an administrative offence.
The applicant challenged the Constitutionality of the Law on Citizenship, requiring Russian citizens who want to renounce their citizenship to have another citizenship, or a guarantee of being able to acquire a different citizenship. The Court determined that Russian citizens have the right to change their citizenship, but not an unconditional right to renounce it, referring to article 15 of the UDHR and the European Convention on Nationality. The prohibition on renunciation of Russian nationality with the aim of becoming a stateless person has been found to be in accordance with the Constitution of the Russian Federation.
The case concerns an applicant who was a Ukrainian citizen and a resident of Crimean Peninsular at the time of Crimean annexation to Russia. He was originally issued with a Russian passport in 2014, which was subsequently confiscated as a government initiated verification procedure established he did not comply with the relevant residency requirements to be considered a Russian citizen. The Court, on appeal, sided with the applicant, confirming his right to Russian citizenship despite not complying with all the formal requirements.
In its reasoning the Court relied heavily on the importance to take all the relevant and factual evidence when establishing the legal fact of residence, and basing it on a broad range of evidence about the person's personal and professional life, as well as intentions, not the merely the strict formalistic rules of residence registration, especially in light of consequences of denial of access to citizenship for the applicant, and the circumstances of state succession. The Court refers extensively to international legal instruments, even those Russia hasn't ratified, such as the European Convention on Nationality and its anti-statelessness safeguards, the CoE Convention on the Avoidance of Statelessness in Relation to State Succession, as well as art. 15 UDHR, and other international legal instruments.
The applicant was born in Georgia and moved to Leningrad before the breakup of the Soviet Union, where he was educated and got married. He was never able to exchange his Soviet passport for a Russian passport, was ordered to be expelled while the expulsion was not possible due to his statelessness. His attorney has repeatedly appealed the deportation ruling but in vain.
The decision changed judicial practice and provided a legal ground for the release of stateless persons from detention, even though the amendments to the legislation ordered by the Constitutional Court are still pending (as of May 2021).