ALPEYEVA AND DZHALAGONIYA v. RUSSIA JUDGMENT
13
and then to apply for Russian citizenship. Those affected would thus only
surrender their passports to the FMS when applying for a residence permit.
(c) The Ombudsman’s Annual Report 2011
81. On another occasion, referring to the practice of seizing Russian
passports on the grounds that they had been erroneously issued, the
Ombudsman noted that the problem had originated from the fact that, in the
first decade after the disintegration of the USSR, former Soviet nationals
who had found themselves in CIS countries had applied for Russian
citizenship through Russian consulate agencies. At the time, this might not
have been registered in the relevant databases, and additionally there had
been no single database. As a consequence, many people who had been
permanently living in Russia for a long time and were de facto Russian
citizens were unable to prove that they had properly acquired Russian
citizenship, and were thus deprived of any legal status in the country.
82. The Ombudsman further noted that at the end of 2010 a draft law
had been presented to the State Duma, proposing a solution to the existing
problem. Under this draft law, everyone who had been irregularly issued
with Russian passports prior to 1 July 2002 should be considered Russian
citizens from the moment their passports had been issued.
(d) The Ombudsman’s Annual Report 2012
83. The Ombudsman pointed out that the draft law mentioned in the
Annual Report 2011 had subsequently disappeared from the agenda of the
State Duma. By this time, the overall number of Russian passports deemed
invalid had reached 80,000. Approximately 8,000 passports were being
declared invalid each year.
84. The Ombudsman further noted that amendments to the 2002 Russian
Citizenship Act had been adopted on 12 November 2012. In accordance
with the amended Act, holders of Russian passports who could not provide
other evidence that they held Russian citizenship should be recognised as
Russian citizens if they made an application to this effect to the FMS.
B. International materials
1. United Nations
85. Russia is not a party to the 1954 United Nations Convention relating
to the Status of Stateless Persons, nor is it a party to the 1961 United
Nations Convention on the Reduction of Statelessness.
2. Relevant Council of Europe instruments
86. Desiring to promote the progressive development of legal principles
concerning nationality, as well as their adoption in internal law, and desiring