10 ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT check must be informed of the results of the check. A person whose Russian citizenship is confirmed is then issued with the relevant document. (f) The 2004 Regulation on the FMS 69. Section 1 of the Regulation on the Federal Migration Service, adopted by Presidential Decree no. 928 of 19 July 2004 (“the 2004 Regulation on the FMS”) and in force until 15 January 2013, provided that the FMS exercised control and supervision in the field of migration. Under section 7.13.2, the FMS was competent to determine whether individuals residing in Russia had Russian citizenship. Under section 7.13.11, it was competent to issue and exchange identity documents. (g) The 2001 Code of Administrative Offences 70. Under Article 19.15 § 1 of the Code, failure to possess a valid identity document is punishable by a fine. 2. Judicial practice 71. In decision no. GKPI 06-337 of 6 June 2006 the Supreme Court stated “a passport confirms citizenship of the Russian Federation, which does not arise out of this document, but on the basis of and in accordance with the procedure provided for by the federal law and other [applicable] laws and regulations”. 72. In decision no. KAS 06-300 of 17 August 2006 the Appeals Division of the Supreme Court stated “[a] passport constitutes a document confirming citizenship of the Russian Federation only if it is issued by a competent State agency in the official form in accordance with the [applicable] procedure. A passport that does not meet these requirements may not be considered a [valid] document, nor will it confirm the [holder’s] citizenship of the Russian Federation”. It also noted that “the rules on the seizure of unduly issued passports that do not constitute a document confirming citizenship of the Russian Federation do not affect the rights and freedoms of citizens guaranteed by the Constitution and laws of the Russian Federation”. 3. The Ombudsman’s reports (a) The Ombudsman’s Special Report 2007 73. On 6 December 2007 the Ombudsman issued a “Special Report on the practice of seizing Russian passports from former citizens of the USSR who had moved to the Russian Federation from CIS countries”, which was published in the Rossiyskaya Gazeta on 26 January 2008. In that report, he criticised the administrative practice of seizing Russian passports from former citizens of the Soviet Union born outside Russia who had received

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