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According to the Constitution
of Ukraine and the Law of Ukraine "On the Citizenship of Ukraine"
there is a single citizenship
in Ukraine.
Affiliation to the citizenship of Ukraine
Citizens of Ukraine shall be:
- all citizens of the former USSR, who at the moment of declaration
of Ukraine's independence (August 24, 1991), resided permanently
in the territory of Ukraine;
- persons, who at the moment the Law of Ukraine On the Citizenship
of Ukraine (November 13, 1991) came into force resided permanently
in Ukraine, regardless of their race, color of skin, political,
religious and other beliefs, sex, ethnic and social origin, property
status, place of residence, linguistic and other features, and
who are not citizens of other states;
- persons, who were born or resided permanently in the territory
of Ukraine, as well as their descendants (children, grandchildren),
if they resided beyond the borders of Ukraine on November 13,
1991, do not hold citizenship of other states, and before December
31, 1999 submitted an application on determining their affiliation
to the citizenship of Ukraine by procedure established by the
present Law;
- persons who have acquired citizenship of Ukraine in conformity
with the present Law.
Documents confirming citizenship of Ukraine
A passport of a citizen of Ukraine and a birth certificate for
persons under the age of 16 shall be the documents confirming citizenship
of Ukraine.
Retention of the citizenship of Ukraine in the event of marriage
and termination of marriage
The marriage of a citizen of Ukraine with a person holding a foreign
citizenship or with a person without citizenship, as well as the termination
of such marriage shall not alter his/her citizenship.
Change of citizenship by one of the spouses does not result in
the change of citizenship of another spouse.
Retention of the citizenship of Ukraine by persons living abroad
A citizen of Ukraine's residence or temporary sojourn abroad shall
not terminate his/her citizenship.
Inadmissibility of expulsion and extradition of a citizen of Ukraine
A citizen of Ukraine shall not be expelled beyond the borders of
Ukraine or extradited to another state.
Stateless persons
Persons, who reside in the territory of Ukraine and are not citizens
of Ukraine and have no proof of their affiliation to citizenship of
a foreign state, shall be considered as stateless persons.
Grounds for acquisition of the citizenship of Ukraine
Citizenship of Ukraine shall be acquired:
- by birth;
- by origin;
- by admission to the citizenship of Ukraine;
- by restoration of the citizenship of Ukraine;
- on other grounds foreseen under the present Law;
- on grounds foreseen under the international agreements, the
binding nature of which had been ratified by the Verkhovna Rada
of Ukraine.
Citizenship of children whose parents are citizens of Ukraine
A child, whose parents held citizenship of Ukraine at the moment
of his/her birth, shall be a citizen of Ukraine, regardless of whether
he/she was born in the territory of Ukraine or beyond it.
Citizenship of children, one of whose parents is a citizen of Ukraine
In case of different citizenship of parents, one of whom held citizenship
of Ukraine at the moment of child's birth, the child shall be a
citizen of Ukraine:
- if he/she was born in the territory of Ukraine;
- if he/she was born beyond the borders of the state, but his/her
parents or one of them lived permanently on the territory of Ukraine
at that time.
In case of different citizenship of parents, one of whom held citizenship
of Ukraine at the moment of the child's birth - if at that time
both parents lived permanently beyond the borders of Ukraine - the
citizenship of the child, born beyond the borders of Ukraine, shall
be determined by written consent of the parents.
A child - one of whose parents at the moment of his/her birth held
citizenship of Ukraine, while another was a stateless person or
unknown - shall be a citizen of Ukraine regardless of the place
of his/her birth.
In case of establishing paternity of a child whose mother is a
stateless person while his/her father is recognized as a citizen of
Ukraine, the child, who has not attained the age of 16, shall become
a citizen of Ukraine regardless of the place of his/her birth.
Acquisition of the citizenship of Ukraine by children of stateless
persons
A child born on the territory of Ukraine of stateless persons residing
permanently in Ukraine shall be a citizen of Ukraine.
Citizenship of children whose parents are unknown
A child, who lives on the territory of Ukraine and both parents
of whom are unknown, is a citizen of Ukraine.
Admission to the citizenship of Ukraine
Foreigners and stateless persons can be admitted to the citizenship
of Ukraine by their request.
The conditions of admission to the citizenship of Ukraine shall
be:
- recognition of and compliance with the Constitution and laws
of Ukraine;
- not holding foreign citizenship;
- continuous residence on legal grounds on the territory of Ukraine
over the last five years.
The said rule shall not extend to persons who have expressed there
desire to become citizens of Ukraine, provided they were born or
proved that at least one of their parents, grandfather or grandmother
were born on its territory;
- command of the Ukrainian language within the extent that is
sufficient for communication;
- availability of legal sources of subsistence.
Citizenship of Ukraine shall not be granted to persons who:
- committed crimes against humanity or practiced genocide, and
committed crimes against the state or grave crimes against persons;
- have been sentenced to deprivation of liberty before expunging
previous convictions;
- are under investigation or evade punishment or have committed
a crime on the territory of another state;
- serve in the armed forces, security service, law enforcement
bodies, or bodies of the judiciary or state authority and governance
in a foreign state.
Grounds for the termination of the citizenship of Ukraine
Citizenship of Ukraine shall terminate:
- in consequence of secession from the citizenship of Ukraine;
- in consequence of loss of the citizenship of Ukraine;
- on the ground foreseen under the international agreements of
Ukraine, the binding nature of which has been ratified by the
Verkhovna Rada of Ukraine.
Secession from the citizenship of Ukraine
Secession from the citizenship of Ukraine shall be made by request
of a person.
Secession from the citizenship of Ukraine can be denied if a person
requesting secession has not honored his/her commitments to the state
or has property obligations related to the interests of legal and
natural person on the territory of Ukraine, or if secession from citizenship
will result in the status of a stateless person.
Loss of the citizenship of Ukraine
Citizenship of Ukraine shall be lost:
- if a citizen of Ukraine voluntarily acquired citizenship of
another state;
- if a person is enrolled for military service, security service,
law enforcement authorities, judicial bodies or other bodies of
state power of foreign state without the consent of the public
authorities of Ukraine, and if respective public authorities of
Ukraine have made a request thereto;
- if citizenship of Ukraine has been acquired as a result of
submitting information or documents known to be false;
- if a person residing/sojourning beyond the borders of Ukraine
has not, without good reasons, undergone consular registration
over seven years. Good reasons shall be the following: absence
of diplomatic missions and post of Ukraine in the country of domicile,
lengthy illness, hostilities and other emergencies.
For a citizen of Ukraine an affiliation to foreign citizenship
shall not be recognized until the decision on his/her loss of citizenship
of Ukraine is adopted.
Change of the citizenship of children in case of change of the citizenship
of parents
In case of change of citizenship of parents, as a result of which
both become citizens of Ukraine or both secede from the citizenship
of Ukraine, the citizenship of their children under the age of 16
shall change correspondingly.
If one of the parents of the child is known, then in case of change
of citizenship of this person the citizenship of the child under the
age of 16 shall change respectively.
Retention of the citizenship of Ukraine of a child placed under
guardianship or wardship
If both parents or one of the child's parents living on the territory
of Ukraine secede from the citizenship of Ukraine and do not bring
up the child placed under the guardianship or wardship of the citizenship
of Ukraine, the child shall retain citizenship of Ukraine by request
of the parents, the guardian or the wards.
Acquisition of the citizenship of Ukraine by a child in case of
acquisition of the citizenship of Ukraine by one of the parents
If one of the parents becomes a citizen of Ukraine while another
remains a foreigner, the child can acquire citizenship of Ukraine
by request of one of the parents who is acquiring citizenship of Ukraine,
and with the consent of another parent.
If one of the parents becomes a citizen of Ukraine while another
remains a stateless person, the child living on the territory of Ukraine
shall become a citizen of Ukraine.
If one of the parents becomes a citizen of Ukraine while another
remains a stateless person, the child living beyond the borders of
Ukraine can acquire citizenship of Ukraine by request of that parent
who acquires citizenship of Ukraine.
Retention of the citizenship of Ukraine by a child in case of secession
from the citizenship of Ukraine by one of the parents
If one of the parents secedes from the citizenship of Ukraine while
another remains a citizen of Ukraine, the child shall retain citizenship
of Ukraine.
By request of the parent who secedes from the citizenship of Ukraine
and the written consent of another parent who retains citizenship
of Ukraine, the change of the child's citizenship may be granted.
Acquisition of the citizenship of Ukraine by children in case of
adoption, guardianship or wardship
A child, who is a foreigner or a stateless person and is adopted
by the citizen of Ukraine or placed under the guardianship or wardship
of the citizens of Ukraine, shall become a citizen of Ukraine.
A child, who is a foreigner and is adopted by spouses or placed
under guardianship or wardship of spouses, one of whom is a citizen
of Ukraine while another is a stateless person, shall become a citizen
of Ukraine.
A child, who is a stateless person and is adopted by spouses or
placed under guardianship or wardship of spouses, one of whom is a
citizen of Ukraine, shall become a citizen of Ukraine.
A child, who is a foreigner and is adopted by spouses, one of whom
is a citizen of Ukraine while another is a foreigner, shall become
a citizen of Ukraine by consent of the adopters, guardians and ward.
Retention of the citizenship of Ukraine by children in case of adoption
A child, who is a citizen of Ukraine and has been adopted by foreigners
or spouses, one of whom is a citizen of Ukraine while another is a
foreigner, shall retain citizenship of Ukraine. By request of the
adopters the change of citizenship can be permitted for such a child.
A child, who is a citizen of Ukraine and is adopted by stateless
persons or spouses, one of whom is a citizen of Ukraine while another
is a stateless person, shall retain citizenship of Ukraine.
For children adopted by foreigner citizenship of Ukraine shall
be retained. In case of acquiring citizenship of state upon the age
of 18 they shall have to determine their attitude to the citizenship
of Ukraine.
Requirement of children's consent for the change of their citizenship
Change of children's citizenship at the age from 16 to 18 in case
of change of citizenship of their parents as well as in case of adoption
can occur only with the consent of the children.
Powers of the President of Ukraine
In conformity with the Constitution of Ukraine and the present
Law the President of Ukraine shall decide on the following:
- admission to the citizenship of Ukraine;
- termination of the citizenship of Ukraine.
Powers of bodies of Internal Affairs
The Ministry of Internal Affairs of Ukraine and the bodies under
its jurisdiction in the Autonomous Republic of Crimea, in the regions
and the cities of Kyiv and Sevastopol shall:
- receive from persons residing permanently on the territory
of Ukraine applications pertaining to the citizenship of Ukraine
and, together with the necessary documents, submit them to the
President of Ukraine for consideration;
- determine the affiliation of persons residing on the territory
of Ukraine to the citizenship of Ukraine;
- prepare documents on loss of the citizenship of Ukraine by
persons residing on the territory of Ukraine;
- register termination of the citizenship of Ukraine by persons
residing permanently in the territory of Ukraine.
Powers of Ministry of Foreign Affairs of Ukraine, diplomatic missions
and consular posts of Ukraine
The Ministry of Foreign Affairs of Ukraine, the diplomatic missions
and consular posts of Ukraine shall:
- receive application to the citizenship of Ukraine from persons
residing permanently abroad and, together with the necessary documents,
submit them to the President of Ukraine for consideration;
- determine affiliation of persons residing permanently abroad
to the citizenship of Ukraine;
- prepare documents on termination of the citizenship of Ukraine
by person residing permanently abroad;
- register termination of citizenship of Ukraine by persons residing
permanently abroad;
- keep a register of the citizens of Ukraine residing permanently
abroad.
Procedure for submitting application pertaining to the citizenship
of Ukraine
Applications pertaining to citizenship, sealed by the signature
of the applicant with indication of the date of filling, shall be
submitted in writing to the name of the President of Ukraine through
bodies of internal affairs at the applicant's place of permanent residence,
while for persons residing permanently abroad applications shall be
submitted through respective diplomatic missions or consular posts
of Ukraine.
Procedure for issuance of documents pertaining to the citizenship
of Ukraine
Documents pertaining to the citizenship of Ukraine shall be issued
by bodies of internal affairs which the applicant addresses personally
at his/her domicile, and as to persons residing permanently abroad
the documents shall be issued by respective diplomatic missions or
consular posts of Ukraine.
In case of good reasons, the bodies of internal affairs as well
as diplomatic missions and consular posts of Ukraine shall be bound
to issue the documents pertaining to citizenship by notarially confirmed
application passed on through other persons or by mail.
Applications pertaining to citizenship, sealed by the applicant's
signature with indication of date of filling, shall be submitted in
writing to the name of the President of Ukraine. If the applicant
cannot sign the application because of his/her illiteracy or physical
disabilities, it shall be signed on his/her request by another person,
of which a corresponding note is made on the application by a body
of internal affairs, and abroad it shall be made by a diplomatic mission
or consular post of Ukraine.
Application pertaining to citizenship as to persons who have not
attained the age of 18 shall be considered by request of their legal
representatives. For persons aged 16 to 18 years there must, by all
means, be their consent expressed in writing and notarially confirmed,
while abroad it must be confirmed by a diplomatic mission or consular
post of Ukraine.
Preliminary consideration of applications and petitions by the Commission
for Citizenship under the President of Ukraine
For preliminary consideration of questions pertaining to citizenship
the President of Ukraine shall set up a Commission for Citizenship.
When considering application and petitions pertaining to citizenship,
the Commission shall make a detailed assessment of the applicant's
arguments, the substance of the petition, the conclusions of public
authorities, and other documents.
With regard to the case under its consideration the Commission
shall have the right to demand documents from respective public authorities
and association of citizens which submit the necessary information
within the term established be the Commission, including information
on the applicant's opportunities for employment, housing and his/her
other needs.
The Commission shall submit its proposals on each application or
petition to the President of Ukraine, as well as its conclusions on
the fulfillment of the conditions foreseen the present Law.
The decision of the Commission shall be formalized by a statement
signed by all Commission's members who took part in the meeting.
Adoption of decisions pertaining to citizenship by the President
of Ukraine
The President of Ukraine shall issue decrees on questions of citizenship.
The change of citizenship shall occur on the day the President
issues the decree, if the decree does not provide for otherwise.
The period for consideration of an application or petition pertaining
to citizenship shall not exceed one year.
Repeated applications pertaining to citizenship shall, as a rule,
be considered upon the expire of one year after the preceding decision
on the question.
In case of the emergence of important circumstances, which were
not and could not have been known to the applicant, repeated applications
can be considered earlier.
Bodies implementing decisions pertaining to citizenship
The implementation of decision pertaining to citizenship of persons
residing permanently in Ukraine shall be consigned to the Ministry
of Internal Affairs of Ukraine and its subordinated bodies in Autonomous
Republic of Crimea, in the regions, the cities of Kiev and Sevastopol,
and the registry offices under the local bodies of executive power,
while with regard to persons residing permanently abroad it shall
be consigned to the Ministry of Foreign Affairs of Ukraine as well
as diplomatic missions and consular posts of Ukraine.
Control over execution of decisions on questions pertaining to citizenship
Control over execution of decisions on questions pertaining to
citizenship shall be exercised by the Commission for Citizenship under
the President of Ukraine.
Appeals against decisions on questions pertaining to citizenship
The decisions pertaining to citizenship adopted by the President
of Ukraine can be considered for their conformity with the Constitution
of Ukraine by constitutional appeal by subjects of law to constitutional
appeal (not less then 45 People's Deputies of Ukraine, the Supreme
Court of Ukraine, the Verkhovna Rada Commissioner on Human Right,
and the Parliament of the Autonomous Republic of Crimea).
Appeals against actions of officials on questions pertaining to
citizenship
Refusal of acceptance of application concerning citizenship and
other actions of officials as to the procedure for considering cases
on citizenship and execution of decisions on questions pertaining
to citizenship can be appealed in a court of law by procedure established
by law.
