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Introduction
Already as early as 1974, Dahrendorf had stated that “there is no more dynamic
figure in modern history than The Citizen” (Dahrendorf, 1974), and with
ever-increasing globalization, worldwide mobility and multiple residences the
concept of citizenship has lost even more of its former contours. This chapter
intends, however, not to contribute to re-defining the concept of citizenship as
such; this task has been in the focus of various recent research as, for example,
in the 2017 multi-volume work “The Transformation of Citizenship”, edited
by Mackert and Turner and published earlier with Routledge. Its endeavour
is rather to focus on extraterritorial naturalization – that is, granting citizen-
ship to citizens of another State residing in that State – as a measure in the
toolbox of Russian foreign policies. These naturalization practices shall be
analysed from a foremost legal perspective. In this regard, thorough research
was carried out (Peters, 2010), which covered the issue before the escalation
of many of these measures within the Ukraine crisis since 2013 and has essen-
tially changed the approaches of all parties involved.
Citizenship in a global world
Since citizenship in its modern function developed after the French and
U.S. revolutions in the late eighteenth century, this status autonomously con-
stituting both rights and – by far more – duties of the individual was para-
mount to the concept and order of the emerging national States. Globalization
has considerably affected the comprehensiveness of these patterns, as the indi-
vidual identity of residents of highly incorporated States – or of residents
residing in several of these – is far less based on or defined by the State
entity, which initially granted citizenship to her or him. “Indeed, citizens or
legal residents of a certain state can existentially associate themselves with
a different entity, and these de-nationalized affiliations, loyalties and affin-
ities can stretch beyond legal boundaries” (Makarychev and Hoffmann,
2016). Extraterritorial naturalization is, so far, a rather new phenomenon, as
“in the past, political membership was seen as a biological condition. Being
Legal framework
Tsarist Russia provided Russian citizenship to all residents living permanently
in the Russian Empire, and there was no urge yet at that time to naturalize
Russians living beyond the Empire’s border. This policy was not affected by
the Russian Empire’s transition into the Soviet Union; the Soviet Union’s
citizenship Act of 1922 directly refers to citizenship in the previous Russian
empire. The Soviet Union citizenship law stayed generally unchanged until
1991, when the Union was dissolved.
The Russian Federation issued in that year a new citizenship act, which left
the definition of citizenship unchanged, meaning that all previous Soviet citi-
zens residing on Russian territory would become Russian citizens. This effect,
however, could be averted if individually contested until the 6 February 1993.
In 1999, Article 11 of the Compatriots Act extended the scope of Russian
citizenship for the first time also to Russians living beyond the borders of
the Russian Federation, as it generally assumed Russian citizenship also
of the residents of all other former Soviet republics, regardless of the host
State’s individual citizenship policies (Zevelev 2001, 52). The 2002 Citizenship
Act, however, reduced this extended interpretation towards international
standards, according to which Russian citizenship is now claimed either by
birth, naturalization, restoration of citizenship, or on the basis of parents’
citizenship. “Naturalization criteria boiled down to permanent residence in
Russia for not less than five years, economic independence, and a thorough
command of the Russian language” (Makarychev and Hoffmann, 2016).
Passportization as a policy tool
Russia has been using passportization as its trans-border policy in five break-
away regions of other former Soviet republics, namely Georgia’s Abkhazia and
South Ossetia, Moldova’s Transnistria and Ukraine’s Crimea and the Donbas
region. Below, we will describe in more detail the process of passportization
in all of these five regions.
Abkhazia
Georgia regained its independence in 1991, after the collapse of the Soviet
Union, by adopting the Independence Restoration Act on the 9 April 1991.1
Independence was followed by a difficult political and economic situation,
which resulted in ethnic conflicts in South Ossetia and Abkhazia, civil war
and a military coup (Chochia and Popjanevski, 2016). Within the first few
years of independence, Georgia lost control over one-fifth of its territory,
suffered from deep corruption and later became a nearly failed State (Nodia,
2007; Engvall, 2012).
In 1992, Abkhazia declared its independence from Georgia, which led
to an armed conflict that lasted 13 months and left tens of thousands dead
and about 250,000 people, mostly ethnic Georgians, displaced. Status quo,
and therefore de facto independence of Abkhazia, was protected by Russian
peacekeepers2 who were deployed in the area as a result of a ceasefire
agreement signed in Moscow in 1994 (Russian Federation, 1994). Georgia
was forced to join the Commonwealth of Independent States (CIS), an organ-
ization dominated by Russia, in 1994, in exchange for Russian support for the
government in fighting against the armed opposition, led by former president
Zviad Gamsakhurdia (Antonenko, 2005). Russia managed to legitimize its
military presence in the country and left Georgia dependent on its Northern
neighbour, which was all part of Russia’s idea to keep former Soviet states
dependent on it instead of looking for support elsewhere (Artman, 2013).
South Ossetia
However, the first ethnic conflict which Georgia had to deal with after its re-
independence erupted in South Ossetia. Tensions in the region began back in
Russia deployed over 20,000 troops into South Ossetia and nearly the same
amount to Abkhazia within hours (Asmus, 2010). Russian forces poured
across Georgia’s borders, defeated Georgian forces in a five-day war, moved
deep into the country, approached its capital Tbilisi, bombed civilian and
military targets all over the country, and destroyed its military, transporta-
tion and economic infrastructure. Officials in Tbilisi claimed that a Russian
column of a large number of tanks and armoured vehicles had advanced
into South Ossetia before the Georgian attack on the South Ossetian cap-
ital Tskhinvali. Therefore, the military action from the Georgian side was an
attempt to defend its territory and its population from foreign aggression
(International Crisis Group, 2008).
Shortly after the war, Moscow recognized South Ossetia, along with
Abkhazia, as an independent country. On 25 August 2008, both houses of the
Russian parliament issued a resolution calling on President Dmitry Medvedev
to recognize the independence of these two breakaway regions. The next day,
on 26 August, President Medvedev issued two decrees, officially recognizing
South Ossetia and Abkhazia as independent states (Russian Federation,
2008b). Identically, as in the case of Abkhazia, the recognition was followed
by the signing of several cooperation agreements between Russian Federation
and South Ossetia. These included agreements on the mutual protection of
borders, as well as building and maintaining the military bases for 49 years
(Russian Federation, 2008a).
Transnistria
Transnistria (Pridnestrovie in Russian) is de jure part of the Republic of
Moldova, located on the left bank of the river Dniester. Similarly to Abkhazia
and South Ossetia, Transnistria declared its independence and is known as a
territory of one of the frozen conflicts on former Soviet space. Even though
Transnistria was never a separate political unit within the Moldovan Soviet
Republic, the latter was composed of two regions with historically different
roots: Bessarabia, on the right bank of the river Dniester, being a part of
Romania between 1918 and 1940, and Transnistria on the left bank of the
river Dniester, never being part of Romania (Büscher, 2016).
Moldova became independent after the collapse of the Soviet Union in
1991, however, in the summer of 1990 it declared its sovereignty even though
it was within the USSR. Two months later, on 2 September 1990, Transnistria
declared its independence from Moldova as the “Pridnestrovian Moldovian
Crimea
Crimea was integrated into the territory of Ukraine politically and admin-
istratively in 1954 when it was gifted to the Soviet Republic of Ukraine by
Donbas region
The Donbas region, which includes Donetsk and Luhansk, is historically a
part of Ukraine, even despite strong pro-Russian tendencies that manifested
themselves in the region during the last decades. The region has also been a
stronghold for a political group, the Regions’ Party, with its close ties with
Russia and anti-Western rhetoric. The Donbas region shares its history with
modern Ukraine and it used to share Ukrainian identity as well. The case of
Donbas in that respect is different from that of Crimea due to the lack of his-
torical bonds with Russia and the wide usage of the Ukrainian language in
rural areas of the region (Shelest, 2015).
As to Luhansk People’s Republic (LPR) and Donetsk People’s Republic
(DPR), there was no conferral of Russian citizenship as such, instead both
LPR and DPR started issuing their own travel documents, which were
recognized by Russia, an action that was criticized by OSCE Secretary
General Lamberto Zannier (2017) as “a possible step toward recognizing
the region’s breakaway governments”. The Minsk Declaration, in the
Resolution on the restoration of the sovereignty and territorial integrity of
Ukraine (OSCEPA, 2017), also called on the Russian Federation to reverse
its decisions on recognition of the documents issued by LPR and DPR, as
well as to refrain from seizing local, State and private economic entities in
the regions.
The situation is complicated further by the fact that the Ukrainian State
has no mechanisms to prevent dual citizenship or to track citizens who have
dual citizenship, even though the Ukrainian Constitution (Article 4) prohibits
it. Shortly after the collapse of the USSR, part of the Ukrainian population
that had close ties with Russia, in order to avoid having to make a choice
between Ukrainian and Russian citizenships and receive certain benefits,
Notes
1 On 31 March 1991, a referendum was held in Georgia: the question to answer
was whether people wanted to restore Georgia’s independence on the basis of the
Independence Act issued on 26 May 1918. Some 90.3 per cent of the population
took part in the referendum, and 98.9 per cent of participants answered positively
to the question.
2 The peacekeeping mission was officially carried out by the Commonwealth of
Independent States, which Georgia joined on 3 December 1994.
3 Passports of the Republic of Abkhazia include references to ethnic belonging.
4 Kodori Gorge, referred to as Upper Abkhazia by official Tbilisi, remained only part
of Abkhazia controlled by Georgia after the 1992–1993 war and until the August
war of 2008.
5 A ceasefire agreement was signed between the Russian Federation and Georgia
on 24 June 1992, in Sochi-Dagomys. The South Ossetian side was not included
in the agreement as a signing party, but was “represented” by the Russian
Federation. Available at http://smr.gov.ge/Uploads/489d68.pdf (accessed 10
August 2017).
References
Abkhazia, Law on Citizenship of the Republic of Abkhazia. (2005). Accessed 12
August 2017 at http://абхазия.рф/государство/гражданство/закон-о-гражданстве-
республики-абхаз.
Abkhazia, Population. Official webpage of the Republic of Abkhazia. Accessed 12
August 2017 at http://абхазия.рф/о-стране/население.
Antonenko, O. (2005). Frozen Uncertainty: Russia and the Conflict over Abkhazia. In
Coppieters, B. and Legvold, R. (Eds.), Statehood and Security: Georgia after the
Rose Revolution. Cambridge: The MIT Press.
Artman, V. M. (2013). Documenting Territory: Passportization, Territory, and
Exception in Abkhazia and South Ossetia. Geopolitics, 18(3), 682–704.
Asmus, R. (2010). A Little War that Shook the World: Georgia, Russia, and the Future
of the West. New York: Palgrave Macmillan.