8
ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND
PRACTICE
A. Domestic law and practice
1. Legislation
(a) The 1991 Russian Citizenship Act
56. Under section 12(1) of Law no. 1948-1 on Citizenship of the Russian
Federation of 28 November 1991, in force between 6 February 1992 and
1 July 2002 (“the 1991 Russian Citizenship Act”), Russian citizenship could
be acquired by:
a) recognition of citizenship,
b) birth,
c) registration of citizenship,
d) granting of citizenship,
e) restoration of citizenship,
f) choice of citizenship, where a territory changed its nationality, and on
other grounds provided for by international treaties to which the Russian
Federation was party.
57. Under section 13(1), all citizens of the USSR permanently residing
in Russia on the date the Act entered into force (6 February 1992) were
recognised as citizens of the Russian Federation unless they stated within a
year of that date that they did not wish to have Russian citizenship.
(b) The 1992 Decree on Temporary Identity Documents
58. Government Decree no. 950 on Temporary Documents Certifying
Citizenship of the Russian Federation of 9 December 1992, in force until
6 February 2003, introduced “inserts” to Soviet passports, temporary
documents attesting to the passport holder’s Russian citizenship.
(c) The 1997 Regulation on Passports
59. Section 1 of the Regulation on Passports of Citizens of the Russian
Federation, adopted by Government Decree no. 828 of 8 July 1997 (“the
1997 Passport Regulation”), provides that a passport is the main document
that attests to the identity of a citizen of the Russian Federation.
60. Under section 7, the passport should be exchanged twice, when its
holder turns 20 and when he or she turns 45. Otherwise, it becomes invalid.
61. Under section 10, it is for the territorial agencies of the FMS to issue
and exchange passports.