interpretation of the judgment to protect migrants and asylum seekers in other precarious
legal situations. These were the specific conditions, which testified to the legal productivity
of statelessness and led to the diffusion of rights and protections to people without effective
nationality in the post-Soviet context.5
This paper is informed by a five-month long ethnographic fieldwork in pro-bono legal
aid clinics for migrants and refugees in Russia belonging to the activist ‘Migration and Law’
network in 2014. I conducted daily observations of the relationships between the migrant and
refugee clients and their lawyers; I shadowed the lawyers in courts when they were
representing their clients (overall, I conducted fifty court observations). I also accompanied
the migrants to the meetings with the local FMS officers either applying for asylum or
inquiring about the status of their application. Throughout my fieldwork, I did not actively
seek stateless individuals, but the phenomenon of post-Soviet statelessness came to the
forefront of my research whilst interrogating the various socio-legal predicaments of migrants
and refugees in post-Soviet Russia. I supplemented this material with follow up interviews
with two high profile immigration lawyers who represented Mr Mskhiladze before the RCC
the ECtHR between 2017 and 2019.
My argument proceeds in three parts. In the first section, I present the historical
context of post-Soviet statelessness and the scale of this phenomenon in contemporary
Russia. I then use the case of Mr Mskhiladze to illustrate a successful legal challenge of postSoviet statelessness before the RCC and the ECtHR. The third section reveals how this
landmark decision has helped secure the rights of other noncitizens in de facto stateless legal
5
I limit my conclusions about the legally productive relationship between de jure and de facto statelessness to
the post-Soviet context, which I studied empirically. I welcome further research to ‘test’ this relationship in
other socio-legal and jurisdictional contexts.
5