Russian law views stateless persons as part of a group of “foreign nationals.”
For example, Clause 2 of Article 2 of the Federal Law “On the Legal Situation of
Foreign Nationals in the Russian Federation” stipulates that “for the purposes of this
law, the term ‘foreign national’ includes the term ‘stateless person,’ except in cases
where federal law establishes special rules for stateless persons differing from the
rules established for foreign nationals.” A similar provision is contained in Clause 2
of Article 2 of the Federal Law “On the Migration Registration of Foreign Nationals
and Stateless Persons in the Russian Federation” and other statutes and regulations.
However, not one Russian law contains specials rules concerning stateless persons.
Absurd norms about the procedure for the administrative expulsion and detention of stateless persons in foreign national detention centers are a glaring example
of defects in the law that have caused the rights of hundreds of stateless persons
throughout Russia to be violated. For example, Article 34 of the law “On the Legal
Situation of Foreign Nationals in Russia” regulates the procedure for administrative
expulsion from Russia, which applies identically to foreign nationals and to stateless
persons, Article 18.8 of the RF Code of Administrative Proceedings prescribes assigning “foreign nationals and stateless persons” fines “with expulsion or without” for
violating migration rules, and RF government resolutions No. 130668 and No. 31069
regulate the terms and procedures for confining “foreign nationals and stateless persons subject to deportation or forcible expulsion from Russia.” These legal acts do
not make any account for the special status of stateless people, who, unlike foreign
nationals, cannot be expelled to any country.
Nevertheless, courts continue to deliberately issue unenforceable decisions
on expulsion in cases against stateless persons who have violated residence rules.
A court may order expulsion in the form of independent controlled departure or in
the form of forcible expulsion. In the case of forcible expulsion, stateless persons
are confined in a closed facility until expulsion can be enforced. Paradoxically, the
fact that the deportation ruling cannot be enforced because there are no countries
to which these people can be deported is determined not during court proceedings, but only after a stateless persons spends a certain period of time in a deten-
68 RF Government Resolution No. 1306 “On the Approval of Rules for the Detention
(Stay) of Foreign Nationals or Stateless Persons Subject to Administrative Expulsion from Russia
in the Form of Forcible Expulsion, Deportation, or Readmission in Specialized Institutions of
the RF Ministry of Internal Affairs or its Local Bodies,” of December 30, 2013 http://www.
consultant.ru/document/cons_doc_LAW_157232/
69 RF Government Resolution No. 310 “On the Approval of Requirements for Buildings
and (or) Premises Transferred by RF Constituent Entities for the Purposes of Accommodating
Specialized Institutions of the Federal Migration Service for Holding Foreign Nationals and
Stateless Persons Subject to Administrative Expulsion from the Russian Federation in the Form of
Forcible Expulsion, Deportation, or Readmission,” of April 8, 2013.
37