20
ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
Russia and effectively rendered them stateless persons (cf. K2, cited above,
§ 62).
113. Furthermore, not only were the applicants deemed not to have
acquired Russian citizenship, but they were left without any valid identity
documents. The Court reiterates that, in Smirnova, cited above, § 97, it
found it established that Russian citizens had to prove their identity
unusually often in their everyday life, even when performing such mundane
tasks as exchanging currency or buying train tickets, and that the internal
passport was also required for more crucial needs, such as finding
employment or receiving medical care. The Court therefore found that the
deprivation of a passport in that case had constituted a continuing
interference with the applicant’s private life.
114. In the cases at hand, the FMS seized the first applicant’s passport
and refused to exchange the second applicant’s passport upon his
turning 45, an exchange which is compulsory under domestic law (see
paragraph 60 above). A failure to have the passport exchanged invalidates
it, which not only prevents it from serving as an identity document, but is
considered to be an administrative offence (see paragraph 70 above).
Accordingly, for the purposes of Article 8, the effects of the refusal to
exchange the second applicant’s passport in the present case are similar to
those of the seizure of the passport in the case of Smirnova, cited above.
115. The Court therefore finds that the decision to the effect that the
applicants had not properly acquired Russian citizenship, which left them
with no valid identity documents, entailed considerable consequences for
their everyday life and amounted to an interference with their right to
respect for private life under Article 8.
(b) Whether the measure was arbitrary
116. The Court must further examine whether the decisions to seize the
first applicant’s passport and not exchange the second applicant’s passport
on the grounds that they had never properly acquired Russian citizenship
were arbitrary.
(i) Was the measure in accordance with the law?
117. The Court observes that the FMS is competent to determine
whether individuals residing in Russia have Russian citizenship, and is
responsible for the issue and exchange of identity documents (see
paragraph 69 above). It also notes that, under the 2002 Regulation on the
Examination of Issues Related to Citizenship of the Russian Federation, in
the event of doubt as to the authenticity or validity of a document attesting
to citizenship or as to whether a person has Russian citizenship, the
competent agency has to carry out a check as to whether the documents
were issued lawfully (see paragraph 67 above). The Court is therefore