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Publication date: 01.05.2024
Draft Law No. 10425 on multiple citizenship does not contradict the Constitution of Ukraine, which refers to single citizenship in one of its articles. At the same time, there is no definitive interpretation of what single citizenship means today.
But this draft law, in addition to multiple citizenship, also regulates other issues, such as the loss of Ukrainian citizenship due to service in the military forces of the aggressor or occupying state, which is currently the Russian Federation.
Constitutional law expert Bohdan Bondarenko told about the nuances of this draft law and how the issue of citizenship is regulated in the legislative acts of Ukraine.
According to him, based on the comparative table of the draft law No. 10425 on multiple citizenship, it is not worthwhile to assert significant changes in the legislation. At the same time, there are some points that deserve attention.
Single citizenship
Article 4 of the Constitution of Ukraine refers to "single citizenship" in the state, but there is no clarification of this article.
- There is a single citizenship in Ukraine. The grounds for acquiring and terminating Ukrainian citizenship are determined by law," the Constitution says.
According to Bondarenko, there is currently no specific interpretation of the term "single citizenship."
- Back in 1996, the Constitution was adopted, which states that Ukraine has a single citizenship. About four or five years later, a law on citizenship was adopted, and it once again spelled out what this means. The point is that "single citizenship" does not allow for the citizenship of administrative-territorial units. In other words, there can be no citizenship of Vinnytsia region or the Autonomous Republic of Crimea," he explains.
At the same time, the expert notes that in cases where a person with Ukrainian citizenship also has citizenship or nationality of another state, he or she is recognized only as a citizen of Ukraine in legal relations with Ukraine.
- The state ignores the fact of other citizenship at this point. However, the 3rd provision in this regard reads as follows: there are cases that provide grounds for the loss of Ukrainian citizenship. In particular, it was the case that if an individual, an adult citizen of Ukraine, voluntarily acquires another citizenship, this could be grounds for him or her to lose Ukrainian citizenship. In other words, you cannot be deprived of it, but you can lose it if it is done voluntarily," he explains.
At the same time, Bondarenko points out that today there is no official interpretation from, for example, the Constitutional Court of Ukraine.
Loss of citizenship
At the same time, the new presidential draft law provides for the loss of citizenship if a citizen of Ukraine voluntarily acquires the citizenship of an aggressor or occupying state, as defined by the Verkhovna Rada. Today, such a state is the Russian Federation.
According to the expert, there is no such procedure as deprivation of citizenship in Ukraine.
- Deprivation of citizenship is an arbitrary severance of this legal relationship by the state. It is prohibited in Ukraine at the constitutional level. In other words, the state cannot deprive people of citizenship on its own, "because it wants to", and write a presidential decree. You can lose it. In cases of certain grounds, this happens by presidential decree," he explains.
An important issue in determining why Ukrainian citizenship can be lost will be determined by the factor of how voluntarily it was obtained
- This should be established, for example, either by law or by court practice," he notes.
In general, the draft law No. 10425 provides that the loss of Ukrainian citizenship may be realized based on the following factors:
1. voluntary acquisition by a citizen of Ukraine of the citizenship of a state recognized by the Rada as an aggressor or occupying state, or the citizenship of a state that is not defined as a state.
2. use of a foreign passport on the territory of Ukraine by an adult citizen of Ukraine who has the citizenship of a foreign state, which results in threats to the national security and/or interests of Ukraine;
3. acquisition of Ukrainian citizenship by a person on the basis of submission of false information, forged documents, concealment of any material fact, in the presence of which a decision on admission to Ukrainian citizenship could not be made in respect of the person;
4. establishing the fact that a person has performed military service under a contract in a state recognized by the Verkhovna Rada of Ukraine as an aggressor or occupying state
an aggressor or occupying power;
5. entry into force of a court verdict of guilty against persons convicted in Ukraine for committing a crime against the foundations of national security of Ukraine, against peace, security of humanity and international law and order, for committing a terrorist act, facilitating a terrorist act, public calls for a terrorist act, creation of a terrorist group or terrorist organization, as well as other actions related to terrorist activities;
6. participation in armed aggression against Ukraine as part of the armed forces of a state recognized by the Verkhovna Rada of Ukraine as an aggressor or occupying state, or which is in an armed conflict (war) with Ukraine or contributed to the commission of armed aggression against Ukraine.
At the same time, according to Bohdan Bondarenko, one should not think that the adoption of the draft law may result in the submission of "packages" for the loss of Ukrainian citizenship.
- No, I think this will not happen. The point is that it is necessary to establish individually whether a person has really voluntarily acquired this citizenship (of Russia - Ed.). If it was voluntary, then yes, but if you have been in the territory of the "DPR" for 10 years, or are now in the occupied territories of the south, where it is very difficult to do anything with a Ukrainian passport because (the occupiers - Ed.) are putting pressure. The occupation administration creates such conditions when there is no other option and you just need to survive, so it is a voluntary acquisition," he explains.
According to him, for a person to lose his or her citizenship, an assessment by the Citizenship Commission under the President of Ukraine will be required, and then, if the person disagrees, he or she will have the opportunity to appeal this presidential decree in court.
Stateless persons
The draft law No. 10425 also provides that the loss of Ukrainian citizenship associated with the provisions of paragraphs 1, 2, 4-6 shall not apply if, as a result, a citizen of Ukraine becomes a stateless person.
The expert explains that the relevant authorities responsible for determining whether certain persons may lose their citizenship may take their time with the decision, as this issue is problematic.
According to him, the commissions try to avoid such cases because there is no concrete answer as to what to do with such persons, because it is not even clear whether the person concerned can be deported abroad, as there must be appropriate documents for this.
Draft law No. 10425
A draft law on multiple citizenship was published on the website of the Verkhovna Rada.
Thus, we see that the current law was adopted taking into account the changes in legislation and the fact that a Legal analysis of the situation , a legal analysis of the situation, analysis of the situation by a lawyer, a legal analysis of the situation and a legal opinion were conducted.
