Acquisition of nationality through naturalization
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.61 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,62 participated in the commission. The Committee on Constitutional Supervision
61
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.
62 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 Anushka, 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
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