Publication date: 14.07.2025
I specialize in resolving complex legal issues in the fields of energy, commercial, and administrative law. I combine deep legal expertise with hands-on experience in litigation, contract work, and business support.
Initial Data:
A client contacted me — a person who has lived all their life on the territory of Ukraine and held a Ukrainian passport issued in the city of Mariupol in 1996. In 2023, they submitted an application to the State Migration Service of Ukraine (SMS) to change their last name, providing all the necessary documents required by law.
However, the SMS of Ukraine refused to change the surname, referring to clause 100, subclause 1 of the CMU Resolution No. 302 dated 25.03.2015, and stated that “the person is not a citizen of Ukraine”, since based on the provided documents, the fact of Ukrainian citizenship could not be established.
Issue:
Although the Ukrainian passport was issued in 1996 and there were no doubts about the client’s legal status until 2023, the SMS was unable to confirm the citizenship. The reason was that the document had been issued in Mariupol, which, according to the Order of the Ministry for Reintegration of Temporarily Occupied Territories of Ukraine No. 309 dated 22.12.2022, was considered temporarily occupied at the time of application.
This deprived the SMS of access to archival materials and registers, making it impossible to verify the information contained in the old passport. As a result, the person was formally deprived of the opportunity to change their surname and receive an updated passport.
Resolved:
After a detailed analysis of the case, it was decided to file a petition with the court to establish the legal fact of Ukrainian citizenship, which serves as a basis for obtaining a Ukrainian passport.
- In the client’s interest, I prepared the appropriate petition to the local court.
The case involved an interested party — the regional office of the SMS of Ukraine, responsible for verifying citizenship.
In addition to the petition, I submitted:
- motions for the summoning and questioning of witnesses, who confirmed that the client had resided in Ukraine both before and after 1991;
- objections to the written explanations provided by the SMS;
- documents confirming the fact of permanent residence in Ukraine before August 24, 1991.
This argument was crucial, as Article 8 of the Law of Ukraine "On Citizenship of Ukraine" stipulates that persons who permanently resided on the territory of Ukraine as of August 24, 1991, are considered citizens of Ukraine.
Outcome:
The court of first instance upheld the client’s arguments, recognized the legal fact of their citizenship, and granted the petition in full.
- Based on the court decision, the client received a new Ukrainian passport in the form of an ID card with the updated surname.
- The legal fact was officially established, and the doubts of the migration service were dispelled.
Result:
The legal fact of Ukrainian citizenship was established by the court.
The client received a new passport with the updated surname, granting full access to administrative and social services.
The SMS received a legal basis for issuing the document without violating internal regulations or the law.
This case may serve as a precedent for similar cases involving individuals whose documents were lost or whose data are stored in inaccessible archives in temporarily occupied territories.
This case proves that even under difficult circumstances — lack of archives, surname change, doubts from the SMS — it is possible to successfully defend a person’s citizenship rights.
Professional legal strategy, collected evidence, and correct formulation of the claim helped achieve a positive result in the shortest time possible.
As a lawyer from Odesa, I continue to help Ukrainians restore their documents, protect their citizenship status, and exercise their right to a dignified life in a lawful state.
