protection for other vulnerable migrants and de facto stateless persons. This discussion has
conceptual repercussions for the broader statelessness debate. Should statelessness be
eradicated at all cost? This paper demonstrated how in an absence of a viable path to an
effective citizenship, human rights legal framework around de jure statelessness can be
mobilised to spearhead the protection of the rights of other noncitizens in the post-Soviet
space.
This does not mean, however, that the situation of stateless persons in Russia paints
now overall a rosy picture. Quite the contrary, the human rights lawyers continue to warn that
‘thousands and thousands of stateless people living in the Russian Federation are either being
held in detention centres or are living under the constant threat of detention’ (Abramenko,
2019). Even though the Mskhiladze judgment yielded successful results in many cases
launched on behalf of the stateless and de facto stateless persons in detention in Russia, there
were also cases where the domestic judges continued bureaucratic foot-dragging with regard
to the guidelines of the Constitutional Court (Burtina 2018b). These people are likely to face
continued detention at least until the formal legalization procedures are determined at the
legislative level and the new law ‘On Stateless Persons’ (Burtina 2018b) is passed and
implemented. Nevertheless, the Mskhiladze case attests to the legal productivity of
statelessness, demonstrating how the relationship between de jure and de facto statelessness
in post-Soviet space can be mobilised to secure human rights for those whose citizenship
protections are ultimately ineffective.
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