6
ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
certificate confirming that he was not registered in the Leninskiy District
and there was no information about him in the archives either.
44. On 23 September 2010 the Krasnodar Region FMS informed the
Kostroma Region FMS that its archives contained no information about the
second applicant, and that it appeared to be impossible to question M.
because she was absent from her place of residence.
45. On 27 September 2010 the Kostroma Region FMS issued a decision
to the effect that the second applicant was not a Russian citizen. With
reference to the certificate of 30 June 2010 issued by the FMS of the Rostov
Region, the decision stated, in particular, that according to the enquiries
carried out, the second applicant’s Russian passport had been issued in
breach of the applicable rules. It further stated that it had proved impossible
to obtain documentary evidence that the second applicant had been living in
Russia on 6 February 1992, and the stamp in his passport only confirmed
that he had been registered as resident in the Rostov Region from
15 February 2002 to 17 February 2010. The decision also noted that the
database of the Ministry of Foreign Affairs contained no information as to
whether the second applicant had obtained Russian citizenship.
Accordingly, the enquiries made had obtained no evidence that the second
applicant had acquired Russian citizenship or that he had been living in
Russia on 6 February 1992.
4. Court proceedings
46. The second applicant appealed to the Sverdlovskiy District Court of
Kostroma against the refusal to exchange his passport.
47. At a hearing on 20 October 2010 a representative from the FMS of
the Centralniy District of Kostroma stated, in particular:
“On the basis of the written instructions from the FMS that there should be an
urgent check on all passports previously issued to individuals not born in the territory
of the Russian Federation, we sent a request for information to the FMS of the Rostov
Region. The FMS of the Rostov Region sent a certificate confirming that the [second
applicant’s] passport should be considered as having been issued in breach of the
applicable rules. I sent a report stating that it was necessary to obtain corroboration
that [the second applicant] either had or did not have Russian citizenship. The head of
the FMS ... issued a decision to the effect that [the second applicant] was not a
Russian citizen. [The second applicant] was invited to familiarise himself with that
decision. [I]t was suggested that he apply for a residence permit and subsequently
Russian citizenship, under a simplified procedure.
In 2004 the FMS issued instructions for checks to be carried out only in respect of
individuals who had applied to exchange their passports. [The second applicant]
applied [to exchange his passport], and I discovered that he had not been born in the
territory of the Russian Federation, and sent the request. [His] passport was not
seized: the FMS did not issue instructions to this effect, so that people would not be
left without [an identity] document.”