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Stateless persons as participants of the administrative proceedings in the Russian Federation
The article is devoted to the problematics of the participation of stateless persons in the administrative proceedings under the legislation of the Russian Federation. Traditionally, while determining the status of stateless persons the domestic administrative-legal and administrative -procedural theory link them to the status of foreigners. Meanwhile, it is hardly possible to qualify these statuses as absolutely identical. This is explained by the fact that recently the Russian legislator has been following the principle of the reduction of statelessness. For that reason, the existing administrative law (particularly governing public service) by all means distinguishes the status of stateless persons out of common system of statuses of persons without the Russian citizenship or persons with multiple citizenship. In this sense the latest legislation on administrative judicial procedure is no exception. Unlike the civil procedural code of the Russian Federation and the arbitration procedural code of the Russian Federation, the administrative procedure Code of the Russian Federation differentiates the administrative procedure status of foreigners and stateless persons. First of all, this differentiation concerns possible limitations of the administrative procedure status of foreigners, which are not legally provided for the stateless persons. In addition, the applicable personal law differs for foreigners and stateless persons, as well as the possibilities of consular protection of procedural rights and lawful interests of stateless persons. Analyzing the typical legal and administrative disputes with the participation of stateless persons, the author comes to the conclusion about the need to address the glaring gaps in the mechanism of protection of their rights and legitimate interests in the Russian Federation.
