ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
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(d) The 2002 Russian Citizenship Act
62. Under section 5 of Law no. 62-FZ on Citizenship of the Russian
Federation of 31 May 1995, in force since 1 July 2002 (“the 2002 Russian
Citizenship Act”), Russian citizens are:
“a) persons who had Russian citizenship on the date this Act entered into force;
b) persons who have acquired Russian citizenship in accordance with this Act.”
63. Under section 10, a passport constitutes a document that confirms
citizenship.
64. Under section 30(a), a federal executive agency exercising control
and supervision in the field of migration is competent to determine whether
individuals living in the Russian Federation have Russian citizenship.
65. On 12 November 2012 the 2002 Russian Citizenship Act was
amended. Under section 41.2(1) of the amended Act, former Soviet
nationals who arrived in Russia before 1 November 2002 and who either did
not acquire Russian citizenship or received Russian passports before 1 July
2002, and whose Russian citizenship was subsequently not confirmed by the
competent State bodies, can apply for and should be granted Russian
citizenship, provided they do not fall into the categories listed in
Article 41.2 § 4 (a), (b) and (c).
66. Under section 41.2(4) of the amended Act, a person cannot be
recognised as a Russian citizen if: (a) a Russian passport has been issued to
him or her on the grounds of false information which he or she provided;
(b) a Russian passport has been issued by using a stolen blank passport
template, provided that the person was aware of this; and (c) the person has
been extradited as a foreign national or a stateless person at the request of a
foreign State.
(e) The 2002 Regulation on the Examination of Issues Related to Citizenship
of the Russian Federation
67. Under section 51 of the Regulation on the Examination of Issues
Related to Citizenship of the Russian Federation, adopted by Presidential
Decree no. 1325 of 14 November 2002, if a person does not have a
document confirming citizenship (for instance, owing to loss, theft, or
damage), or if there are doubts concerning the authenticity or validity of
such a document, or if there are circumstances leading to doubt as to
whether the person has Russian citizenship, the competent agency carries
out a check as to whether the documents were issued lawfully. The check is
carried out upon an application by an individual or at the initiative of the
competent agency or another State authority.
68. Under section 52, upon receipt of the necessary information, the
competent agency draws up a reasoned report on the results of the check,
stating the evidence indicating that the person either has or does not have
Russian citizenship. Either the applicant or the agency which initiated the