courts establish a clear and well-founded term for their application with account for
the actual possibility of administrative expulsion or deportation. Examples are these
cases are: “Sordiya v. Russia,”75 “Mskhiladze v. Russia,”76 “Mainov v. Russia,”77
(2018 judgment), “Alimuradov v. Russia,”78 and “Mardonshoyev v. Russia”79 (judgment of 2019).
Strategic cases to protect the rights of stateless persons in Russia won at the European Court create a precedent for other Council of Europe countries, which makes
international advocacy and dissemination of information an important part of human
rights work. A number of successful cases handled by ADC Memorial have formed
the foundation of several analytical human rights reports on the problem of statelessness and alternative reports submitted to UN bodies. The documents have also been
used as a tool for further litigation.
For example, ADC Memorial’s report “Violations of the Rights of Stateless
Persons and Foreign Citizens in Light of the ECHR Judgment in ‘Kim v. Russia’”
(2016)80 was dedicated to the problems of Russian migration laws and law enforcement practices caused by the failure to implement the European Court’s
strategic judgment in this case. When considering the similar case of Mskhiladze, the RF Constitutional Court relied on the expert opinion of Yu.N. Starilov,
a distinguished legal scholar and dean of Voronezh University, whose opinion
widely quoted the Kim report and supported the arguments presented by ADC
Memorial. There is no doubt that this report’s use in a profession expert opinion
75 Judgment of the European Court of Human Rights in Case No. 50462/16 “Sordiya
v. Russia,” https://hudoc.echr.coe.int/eng#{%22fulltext%22:[%2250462/16%22],%22item
id%22:[%22001-184890%22]}
76 Judgment of the European Court of Human Rights in Case No. 47741/16
“Mskhiladze v. Russia,” https://www.bailii.org/eu/cases/ECHR/2018/170.html
77 Judgment of the European Court of Human Rights in Case No. 11556/17 “Mainov
v. Russia,” https://www.refworld.org/cases,ECHR,5afd74684.html
78 Judgment of the European Court of Human Rights in Case No.
23019/15 “Alimuradov v. Russia,” https://hudoc.echr.coe.int/eng#{%22item
id%22:[%22001-189638%22]}
79 Judgment of the European Court of Human Rights in Case No. 8279/16
“Mardonshoyev v. Russia,” http://hudoc.echr.coe.int/eng?i=001-189594
80 https://adcmemorial.org/www/publications/human-rights-report-of-adcmemorial-violations-of-the-rights-of-stateless-persons-and-foreign-citizens-in-temporary-foreignnational-detention-centers-in-light-of-the-echr-judgment-in-kim-v-russia?lang=en
45