Nevertheless, even though government representatives lack the desire to solve this problem, on May 23, 2017 the Constitutional Court found that norms on administrative violations that do not allow stateless people to appeal the grounds for their detention in a specialized facility for the purpose of administrative expulsion unconstitutional. In addition, the court ordered that amendments be made to the Code of Administrative Offenses that would ensure reasonable judicial control over the periods stateless persons subject to expulsion can be confined in specialized institutions. The Court also ordered that stateless persons should have the right to file an application with a court to check the lawfulness of their further imprisonment three months after the expulsion decision is adopted.73 A bill introducing amendments to the Code of Administrative Proceedings regarding the introduction of judicial control over foreign national detention centers was prepared and passed its first reading in the State Duma in December 2017,74 but it has still not been adopted. Even so, the Constitutional Court judgment in Mskhiladze’s case has already has an impact on the practice of Russian courts, which have been releasing stateless persons from detention centers with reference to this decision. On March 5, 2019, the Abakan City Court ruled to release Denis Lee, a stateless person who had been confined for nine months in a foreign national temporary detention center in Abakan “for the purpose of securing expulsion.” Lee was represented by Valery Zaytsev with support from ADC Memorial. Denis Lee is a native of Uzbekistan and an orphan who moved to his relatives in Abakan in late 1990. Several years later, Lee lost his Uzbek citizenship because he never notified the Uzbek consulate of his location, thus becoming a stateless person. Lee spent years seeking assistance from government agencies to acquire Russian citizenship, but he was refused even though he had children who were Russian citizens. 73 Judgement of the RF Constitutional Court of August 23, 2017 in the case regarding a check of whether the provisions of articles 31.7 and 31.9 of the RF Code of Administrative Violations are constitutional, http://www.ksrf.ru/ru/News/Pages/ViewItem. aspx?ParamId=3337 74 Bill No. 306915-7 “On Amendments to the Code of the Russian Federation on Administrative Violations (on Detention Periods in Corresponding Specialized Institutions for Foreign Nationals and Stateless Persons Subject to Forcible Expulsion from the Russian Federation, the Procedure for Extending these Terms, and the Special Aspects of Enforcing and Stopping the Enforcement of this Administrative Penalty), http://sozd.duma.gov.ru/ bill/306915-7 43

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