USMANOV v. RUSSIA JUDGMENT
Russian citizenship in 2008. Such a finding was required for the annulment
of the applicant’s Russian citizenship.
15. On 20 November 2017 the District Court allowed the application on
the grounds that the omission was not disputed by the applicant. The court
dismissed his arguments that the officer on duty had advised him not to list
all of his relatives; that the missing information was not important; that he
did not intend to mislead the authorities; and that he had strong ties with
Russia. The first argument was found to be unsubstantiated by evidence and
the others were considered to be irrelevant to the subject matter of the case.
16. The applicant challenged that decision by way of an appeal and
cassation appeals before the Novgorod Regional Court (“the Regional
Court”) and the Supreme Court of Russia. Those courts dismissed the
appeals on 14 March, 1 June and 17 August 2018 respectively, endorsing
the District Court’s reasoning.
B. Annulment of the applicant’s Russian citizenship and passports
17. On 5 April 2018, referring to the finding of the domestic courts that
the applicant had submitted false (incomplete) information about his
relatives, the DMI annulled his Russian citizenship, his “internal passport”
(a citizen’s identity document for use in Russia) and “travel passport” (a
citizen’s identity document for use abroad). As a result, the applicant was
left without any valid identity documents.
C. Proceedings before the Constitutional Court
18. On an unspecified date in 2018 the applicant challenged the
compatibility of section 22 of the Russian Citizenship Act (see paragraph 33
below) with the Russian Constitution. He claimed that it arbitrarily provided
for the annulment of Russian citizenship without taking into account a
person’s individual circumstances. The applicant further noted that Russian
law did not stipulate any time-limit for the annulment of citizenship.
19. On 15 January 2019 the Constitutional Court refused to examine his
complaint on the merits. It held that the application of the impugned section
of the Russian Citizenship Act could only result in the automatic annulment
of Russian citizenship if it had been established that a person did not meet
the conditions required for obtaining citizenship. It also noted that the
wording of the impugned section did not absolve the authorities from taking
into account surrounding circumstances, such as the time elapsed since the
decision granting Russian citizenship. According to the court, to hold
otherwise would be contrary to the principles of the rule of law and justice
or the requirements of necessary and proportionate interference with human
rights. Lastly, the court mentioned that the decision to annul a person’s
citizenship could be challenged in court and was thus subject to its scrutiny.
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