ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
3
passport had been seized in breach of the law; and that the prosecutor’s
office recommended that the FMS rectify the situation.
4. Check carried out by the FMS
16. On 20 March 2007 the FMS issued report no. 37 to the effect that the
first applicant had never properly acquired Russian citizenship, and that a
Russian passport had been issued to her unlawfully.
5. Court proceedings
17. The first applicant appealed to a court against the findings of the
report of 26 January 2006.
18. On 28 May 2007 the Volzhskiy Town Court found in favour of the
first applicant and held that the check which had been carried out by the
agencies of the interior had been unlawful.
19. The decision was subsequently quashed by means of supervisory
review and the case was remitted for fresh examination.
20. On 28 February 2008 the Volzhskiy Town Court again held that the
check had been unlawful.
21. However, the FMS did not set aside the decision to seize the first
applicant’s passport, and a new passport was not issued to her either.
22. The first applicant again instituted court proceedings, this time for a
finding that the seizure of her passport had been unlawful.
23. On 4 April 2008 the Volzhskiy Town Court dismissed the first
applicant’s complaint. It accepted the FMS’s arguments that she had never
acquired Russian citizenship, although it also found that the FMS officials’
actions of 11 April 2006 had been procedurally incorrect, as the FMS did
not have competence to seize passports.
24. On 3 July 2008 the Volgograd Regional Court upheld the decision
on appeal.
25. A request by the first applicant for supervisory review was dismissed
on 30 January 2009.
26. The first applicant then instituted another set of court proceedings
against the FMS concerning its inaction in relation to issuing her with an
identity document. She also contested the FMS report no. 37 of 20 March
2007.
27. On 25 March 2009 the Volzhskiy Town Court dismissed the
complaint.
28. On 7 August 2009 the Volgograd Regional Court upheld the
decision on appeal.
6. Another application for Russian citizenship
29. The first applicant reapplied for Russian citizenship.