state migration agencies had to conduct a procedure to establish identity within a
period not to exceed three months (Clause 4.5 of Article 41). One of the most important changes was the new norm prohibiting the administrative prosecution and
punishment of stateless persons applying for citizenship, even if these people had
violated migration rules.
The introduction of Chapter VIII.1 to the law “On RF Citizenship” did not become a universal mechanism for solving the problem of statelessness. Even though
it appears to encompass all the main categories of former Soviet citizens who are
stateless, the new chapter does not envisage a simplified procedure for people who
arrived in Russia after November 1, 2002; these people must still complete the entire
three-step procedure for acquiring citizenship as any other foreign national (temporary residence permit – residence permit – citizenship). A special category of
people missing from the new chapter are Uzbek citizens who came to Russia after
November 1, 2002 for permanent residence and did not register with their country’s embassy within three years, resulting in their loss of citizenship.55 This law also
does not envisage any procedures for stateless persons serving a criminal sentence
in Russia to become citizens. When they are released from detention facilities, these
people are generally declared undesirable and cannot obtain any documents, since
the law “On RF Citizenship” does not allow people with an unexpunged criminal
record to become citizens.56
However, a simplified legalization process for stateless person did not follow
in practice with the introduction of this new chapter. For most people who arrived
in Russia prior to November 1, 2002, the terms for citizenship (bypassing the stages of temporary residence permit and residence permit, as long as there is documentary proof of arrival in Russia prior to November 1, 2002 and of residence
in Russia after that date) remain unfeasible. Stateless persons without documents
continue to face complications when submitting documents for citizenship. Without
valid documents, they cannot legally hold jobs, so the requirement of Article 13 to
have a legal source of income is impossible for them to meet. Residence registration is also difficult without documents, so this requirement also cannot be met. The
procedure for establishing the identity of these people is either never conducted or
is drawn out over an indefinite period. Holders of passports that were “incorrectly”
issued in 2002 cannot prove that they are not officially Russian citizens. These
people are required to prove that they do not have ties to a country of origin or the
right to live there, which is absolutely absurd in their situation. In fact, these people
must restart the citizenship process, but they cannot do this because the law “On
55 Clause 2 of Article 21 of Law of the Republic of Uzbekistan “On Citizenship of the
Republic of Uzbekistan,” http://www.lex.uz/acts/4880
56 Federal Law No. 62-FZ “On Citizenship of the Russian Federation” of May 31,
2002, http://base.garant.ru/184539/
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