Addressing the remaining gaps perpetuating statelessness in the Russian Federation Despite the success of the simplified naturalization procedure, there remained a number of stateless persons with unregulated status in the Russian Federation as a result of gaps in legislation governing the interrelated issues of nationality, identity documentation and temporary and permanent residence. Many individuals were unable to take advantage of Article 14.4 of the 2002 Law on Citizenship because it was limited to former USSR citizens who had proof of temporary or permanent residence in the Russian Federation in 2002. This required proof of identity as well as proof of legal stay in the Russian Federation. The authorities continued to extend the validity of expired former Soviet passports throughout the time that the facilitated naturalization procedure was in place.36 Many individuals, however, no longer possessed former Soviet passports and did not, or were unable to, regularize their residence in the Russian Federation because of the administrative requirements linked to acquisition of temporary or permanent residence permits. Apart from the condition that a document proving identity and nationality had to be submitted, applicants were also requested to submit documents to prove that they had not been convicted of a crime in the permanent place of residence, documents to prove that they were able to support themselves financially and, for children under the age of 18, a birth certificate or passport. In addition to this, applicants generally needed to prove that they had somewhere to live in the place of proposed residence. As a result, many stateless individuals in the Russian Federation were caught in a vicious cycle, unable to regularize their residence status and in turn prevented from applying for Russian citizenship. As it became clear that the facilitated naturalization procedure under Article 14.4 would not resolve all remaining cases of statelessness in the Russian Federation, the Government Commission on Migration Policy was reactivated in 2008 to find new solutions. Leading Russian civil-society experts, including UNHCR’s implementing partners,37 participated in the commission. The Committee on Constitutional Supervision of the State Duma was concurrently deliberating a separate draft bill to the same end. Acknowledging that a formal, durable solution needed to be found, the Russian Government pledged at the December 2011 Ministerial Meeting to introduce additional procedures to facilitate acquisition of Russian Federation citizenship and residency permits for certain categories of stateless persons.38 The Russian parliament passed additional amendments to its 2002 Citizenship Law in November 2012 (2012 amendments).39 This reform established procedures for facilitated naturalization for certain groups of individuals, including stateless former Soviet citizens, and addressed the challenge that arose from Article 14.4 of the 2002 Citizenship Law by eliminating any requirement that applicants for citizenship produce proof of residence registration in the Russian Federation. The procedures for facilitated naturalization are similar to those provided for under Article 14.4 of the 2002 Citizenship Law; in other words, they waive the requirement for proof of uninterrupted residence for five years, proof of means of self-sufficiency and Russian-language proficiency. In addition, Article 41.1.e of the amended law extends facilitated naturalization to former USSR citizens who acquired Russian Federation passports that had been subsequently revoked due to a determination that the passports were issued by administrative error. Although it remains to be seen how the obstacle of the loss or non-possession of USSR passports will be addressed in practice, the 2012 amendments to the Citizenship Law confirm the Russian Federation’s intention of resolving statelessness in its territory. 36 This was first done through Government Resolution No 731 “On the extension of the validity of 1974-type USSR passports until 1 January 2006.” Even after this deadline, the Russian authorities confirmed to UNHCR that they would accept expired Soviet passports as relevant identification for the purpose of acquiring nationality through the simplified naturalization procedure through 2009. 37 For a more detailed discussion of the law reform deliberations, please see the blog entry on the European Network on Statelessness’s website by Svetlana Gannushkina, Chair of the Civic Assistance Committee and a Member of the Council of the Memorial Human Rights Centre, entitled “Innovations in Russian Legislation on Citizenship” from 20 March 2013, available at: http://www.statelessness.eu/blog/innovations-russian-legislation-citizenship. 38 The full text of the Russian Federation pledge is included in UNHCR, Pledges 2011: Ministerial Intergovernmental Event on Refugees and Stateless Persons (Geneva, Palais des Nations, 7-8 December 2011), available at: http://www.unhcr.org/4ff55a319.html. 39 Federal Law № 182-FZ dated 12 November 2012 “On introducing amendments to the Federal Law On Citizenship of the Russian Federation.” 25 CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS

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