The cover of the passport of citizen of Ukraine
The Verkhovna Rada propose to deal with bipatrism, or multiple (dual) citizenship in Ukraine. The corresponding bill No. 5433 “On amendments to some legislative acts of Ukraine concerning the acquisition (termination) of the citizenship of Ukraine the citizenship (nationality) of another state or citizenships (citizenship) of other States” registered in the Parliament deputies – members of fraction “popular front” Andrew Teteruk and Leonid Yemets.
As the authors of the legislative initiative in the explanatory note, to date, the national legislation does not provide for the citizens of Ukraine the possibility of having the passport of a foreign state. Thus, according to article 4 of the Constitution, in Ukraine there is single citizenship. In addition, article 2 of the law “On citizenship of Ukraine” stipulates that one of the basic principles of Ukrainian legislation on citizenship is the principle of single citizenship – citizenship of Ukraine. If a Ukrainian citizen acquired citizenship of another state or States or if the alien has acquired the citizenship of Ukraine, then in legal relations with Ukraine such person is only a citizen of Ukraine.
“However, to regard it as a prohibition of dual citizenship in reality is impossible, because, under current law, the loss of Ukrainian citizenship is not automatic with the acquisition of citizenship of another state, but only from the date of issuance of the decree of the President of Ukraine on the termination of citizenship in respect of a particular person. Even if a citizen of Ukraine acquires citizenship of another state or States, then he shall not be deprived the Ukrainian citizenship and in legal relations with Ukraine in the future, recognizes only a citizen of Ukraine”, – the authors of the bill and come to the conclusion that de-facto in Ukraine there are cases of dual citizenship from individuals, contrary to the provisions of the Constitution.
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MPs also give a number of arguments in favor of an immediate legislative solution to the concept of dual citizenship. In particular, according to them, baptism gives rise to separatist sentiments in society; threatens invasion of another country under the pretext of protecting the interests of their citizens; leads to the need for coordination of double liability; allows you to legally avoid prosecution of criminals; may be the first step to the federalization of the country; adversely affect the protection of interests of Ukrainian citizens with foreign citizenship abroad; often used as a way of evading the obligations of citizens to the state (military service, paying taxes, etc.).
The main provisions of the
Bill No. 5433 proposed to resolve the dual citizenship issue, in particular defining the notion of multiple (dual) citizenship and the obligation of the citizen to return the passport of a foreign state when citizenship of Ukraine, establishing the procedure for refunding the face of the passport and ensure that the principle of preventing dual citizenship as one of the main principles of the law of Ukraine on citizenship.
Under the project, Ukrainian, voluntarily obtained foreign citizenship, shall within six months notify in writing the designated state authority or diplomatic mission of Ukraine. The Ukrainian citizenship is automatically terminated simultaneously with the acquisition of the nationality or citizenships of other States. In case of failure or untimely submission by a citizen of Ukraine information about the change of citizenship he will face a fine from 500 to 1 thousand non-taxable minimum incomes of citizens.
The document significantly expands the powers of public authorities involved in solving the issue of citizenship and of the security Service of Ukraine, the National police of Ukraine, the State border service of Ukraine and prosecutors on the prevention, detection, termination and disclosure of the cases of supplies of Ukrainian citizens to the citizenship of another state.
The draft law prohibits, inter alia, persons with dual (Ukraine and another country) citizenship:
– to work in the SBU, the Prosecutor’s office, Department of state protection, local state administrations, local self-government bodies, State special transport service, State penitentiary service of Ukraine, foreign intelligence Service of Ukraine, State service of special communication and information protection of Ukraine;
– to hold leadership positions (head and Deputy) in the Antimonopoly Committee of Ukraine and the National Bank of Ukraine;
to be a member of the Cabinet of Ministers of Ukraine, the High Council of justice, the NBU Council, the Central election Commission, the National Council of Ukraine on television and radio broadcasting;
– to carry military service, to serve in the Armed forces of Ukraine on contract.
The dual nationals deprived of their right to vote in the national referendum, to vote and be elected in local elections. In addition, they will be denied access to state secrets.
Also Teeruk and Yemets propose to reduce the deadline for foreigners document on termination of foreign citizenship or a Declaration of abandonment from two years to six months and to replace the concept of “temporary certificate of citizen of Ukraine” the concept of “temporary identification card, who has expressed the intention to acquire the citizenship of Ukraine”. According to the parliamentarians, this is to avoid cases of outright manipulation of the Ukrainian legislation on the part of some foreigners who acquire citizenship of Ukraine in order to avoid criminal liability in another country, or implement their Mercantile interests.
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In addition, it proposed to expand the list of conditions of granting citizenship of Ukraine, namely to include the examination for official language proficiency, including the ability to read, write and speak the Ukrainian language, a basic knowledge of the Constitution and the history of Ukraine.
The ban for the Russians
Another important provision of the bill No. 5433 – the prohibition to provide Ukrainian citizenship to citizens of the Russian Federation (RF). It is proposed that the citizenship of Ukraine is not accepted, the person who, in particular, belongs to the nationality of the state against which Ukraine has declared a state of war and five years after the date of the conclusion of peace, has committed acts directed against the foundations of national security of Ukraine, and belongs to the nationality of the state which the Verkhovna Rada of Ukraine recognized by the state-aggressor for the period of validity of resolution No. 68/262 session of the UN General Assembly on 27 March 2014 to support the territorial integrity of Ukraine and for five years after the date of the loss of her power, and for the period of the Antiterrorist operation (ATO) and five years after the date of its completion.
The above conditions are also deprived of the opportunity to obtain Ukrainian citizenship a person that may purchase it by territorial origin. Simultaneously, the draft law newly sets out this concept as the basis for obtaining citizenship of Ukraine. So, territorial origin will be recognized in the case of man himself, or at least one of his parents were born or permanently resided before August 24, 1991 in the territory which became the territory of Ukraine in accordance with the law “On succession of Ukraine”, or himself, or at least one of his parents were born or were permanently residing in other territories, which were at the time of their birth or during their permanent residence in the Ukrainian people’s Republic, Western Ukrainian people’s Republic, the Ukrainian State (Hetmanate of Pavlo Skoropadsky), the Ukrainian Socialist Soviet Republic, Transcarpathian Ukraine, The Ukrainian Soviet Socialist Republic (SSR), is stateless and after August 24, 1991, have not received citizenship of another state.
Note that in the Parliament repeatedly register of legislative initiative regarding procedures for obtaining/revoking citizenship. In particular, it is now awaiting consideration draft laws on alternative conditions for granting citizenship (No. 3321) and the deprivation of Ukrainian citizenship of the persons sentenced for committing crimes against the fundamentals of national security of Ukraine (No. 4115).
Also the Cabinet of Ministers proposes the Parliament to introduce a procedure for determining the status of stateless persons.
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