ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
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48. On 21 October 2010 the Sverdlovskiy District Court of Kostroma
upheld the decision of the FMS. It noted that, as a result of a check carried
out pursuant to sections 51 and 52 of the 2002 Regulation on the
Examination of Issues Related to Citizenship of the Russian Federation, the
FMS had found that the second applicant had been issued with a Russian
passport in breach of the applicable rules, and was not entitled to Russian
citizenship. In particular, it had not been confirmed that he had been living
in Russia on 6 February 1992. This justified the refusal to exchange his
passport. The court also noted that the reports of the checks carried out by
the FMS had not been appealed against or set aside in accordance with the
established procedure, and that they were not the subject of the court’s
examination in those proceedings.
49. The court further dismissed the second applicant’s argument that the
fact that he had been using the previously issued Russian passport for eight
years constituted a valid reason to exchange the passport. The court likewise
dismissed his argument that he had not violated any laws or regulations in
2002, when he had been issued with the Russian passport. The court found
that his passport was invalid regardless.
50. The second applicant appealed.
51. On 6 December 2010 the Kostroma Regional Court upheld the
decision. The appeal court noted, in particular, that the certificate issued by
the Rostov Region FMS on 30 June 2010 showed that a Russian passport
had been issued to the second applicant on the basis of a certificate of
23 December 1998 issued by the Department of the Interior of the Leninskiy
District of Rostov-on-Don confirming that he was a Russian citizen in
accordance with section 13(1) of the 1991 Law on Citizenship of the
Russian Federation. However, the legal validity of that certificate had not
been confirmed. It further noted that, according to the results of the
enquiries carried out in the places indicated by the applicant as his places of
residence in Russia between 1989 and 2002, no confirmation of his
registration and residence as of 6 February 1992 had been received with
respect to any of the addresses indicated.
52. The appeal court also noted that the second applicant’s argument that
he had not been informed about the report issued following the check
carried out by the FMS, and that therefore he could not have appealed
against it, had not affected the lower court’s conclusions.
5. Another application for Russian citizenship
53. On 25 March 2013, following the entry into force of Law no. 182-FZ
on Amendments to the Russian Citizenship Act of 12 November 2012, the
second applicant applied for Russian citizenship.
54. On 23 April 2013 the FMS of the Kostroma Region decided to grant
the second applicant Russian citizenship.
55. On 30 April 2013 the second applicant received a Russian passport.