RF Citizenship” does not envisage any procedure for former Soviet citizens who
entered Russia after November 1, 2002. The remaining stateless people who arrived after this date are in the exact same situation. Even though they officially have
the right to submit documents for citizenship, they cannot even obtain temporary
permanent residence because this requires a valid identity document and a document confirming legality of stay in Russia (a visa or migration card), which can be
easily lost over years of living in Russia.
On July 4, 2018, the Central Migration Department of Russia’s Ministry of
Internal Affairs announced that it was working on a bill57 that, if adopted, will give
the opportunity to obtain identity documents to people with an unregulated legal
status and no documents, or who have a Soviet passport following the 1974 template or a Soviet birth certificate who do not fall under the effect of Chapter VIII.1.
According to this draft, this document can be obtained from the Central Migration
Department. In the future, this form of identification will be a ground for acquiring
Russian citizenship. However, this bill has not yet been considered by the State
Duma, even though the draft amendment was submitted and public hearings were
held in August 2018.
Litigation and Advocacy in Cases of Unenforceable
Expulsion and the Migration-Related Detention of Stateless
Persons
While neither Russia nor Ukraine has a procedure for identifying stateless persons, which means that these people cannot obtain an identity document or regulate
the lawfulness of their stay, the laws of both countries stipulate administrative liability for violating residence rules on their territories, i.e. undocumented residence or
residence under invalid or expired documents. Thus, stateless persons and persons
at risk of statelessness face administrative sanctions for reasons depending on the
government and not on themselves (lack of a procedure to identify stateless persons,
complicated administrative procedures, defects in the law).
In Ukraine, violation of residence rules entails a fine ranging from 100 to 300
tax-free minimum incomes.58 In addition, stateless persons found to be violators face
the risk of migration detention at a temporary residence center for foreign nationals
and stateless persons.
57 https://regulation.gov.ru/projects#npa=81993
58 Code of Ukraine on Administrative Offences, https://zakon.rada.gov.ua/laws/
show/80731-10
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