Can statelessness be legally productive? The struggle for the rights of
noncitizens in Russia.
Abstract. Nearly 30 years since the collapse of the Soviet bloc, there are still people who have
never in their lives held any passport other than that of the Soviet Union. They are de jure
stateless. However, their statelessness can also be legally productive if strategically
challenged. This legal productivity arises from the mobilization of human rights protections
embedded in de jure statelessness by local legal actors in a given, national immigration
context, and extending them to secure the rights of de facto stateless: undocumented migrants
and asylum seekers. I illustrate this using a case study of the recent litigation for the rights of
Mr Mskhiladze – a stateless person born in the Georgian USSR – before the Russian
Constitutional Court (2017) and the European Court of Human Rights (2018). Conceptually,
my paper testifies to a productive relationship between a de jure and de facto statelessness in
the post-Soviet context.
Keywords: de jure statelessness, de facto statelessness, detention, post-Soviet Russia,
Mskhiladze,
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