The applicant was born in the Russian Federation and his birth was not duly registered. Lacking identity documents and unable to prove his nationality, he was detained in Ukraine for the purpose of expulsion. The Court held that the authorities did not act diligently to contact the Russian embassy and obtain documentation to evidence the applicant's Russian citizenship, and failed to review the lawfulness of his detention and to provide an effective remedy, in violation of Article 5(1), (4) and (5).
The applicant was born in the Soviet Union on the territory of Russia. The facts as to where the applicant lived and when are disputed in the case. In 1999 he was issued a Ukrainian passport, but a court later established that the place and date of birth he indicated were not correct, and his passport was confiscated and destroyed. The authorities argued that the applicant ought to prove he never acquired Russian nationality or alternatively that he renounced his Russian nationality.
The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules. The applicant argued that the travel ban is disproportionate, that he enjoys lawful residence in Ukraine, has very close ties with Ukraine, and that the ban interferes with his right to challenge the deprivation of nationality which rendered him stateless in person in court.
The applicant refused to exchange his USSR passport for the Ukrainian one in the aftermath of dissolution of the USSR, and was subsequently denied his retirement benefits due to lack of a Ukrainian passport. He requested the Court to establish that he is a stateless person, to release him from Ukrainian nationality, and grant him legal residence rights in Ukraine. The Court concluded that the applicant is in fact a Ukrainian national, even if he refuses to apply for a passport, as the law attributes Ukrainian nationality to all former USSR nationals who lived in Ukraine at a specified time, regardless of the will, actions or inactions of affected persons.
The applicant moved to Ukraine in 2005 from Transnistria, a disputed territory of Moldova, and lived in Ukraine for 14 years with his long-term partner and her children and grandchildren, before receiving a deportation order to Moldova. He disputed the deportation order on the basis of being stateless, having no connection to Moldova, and having a family and private life in Ukraine that are protected under article 8 ECHR. The first two instance courts rejected the applicant's claim, but the Supreme Court of Administrative Cassation ruled in favour of the applicant on the basis of new evidence from the Consulate of Moldova confirming he is not a national of Moldova.