Publication date: 09.07.2024
Legal regulation of dual citizenship in Ukraine
Introduction
Dual citizenship, or multiple citizenship, is a legal status in which a person simultaneously holds the citizenship of two or more states. This issue is a matter of considerable debate in both political and legal circles in many countries, including Ukraine. Legal regulation of dual citizenship is an important aspect of public policy that affects the rights and obligations of citizens, national security and international relations. In this article, we will analyze the main principles, regulations and procedures governing dual citizenship in Ukraine, as well as the consequences and challenges associated with this phenomenon.
Basic principles of legal regulation of dual citizenship
The legal regulation of dual citizenship in Ukraine is based on several basic principles that ensure the effectiveness and stability of state policy in this area:
Theprinciple of single citizenship. The Constitution of Ukraine establishes the principle of single citizenship, according to which citizens of Ukraine cannot hold citizenship of another state.
Theprinciple of national security. The state policy on dual citizenship takes into account the interests of national security, preventing possible threats associated with multiple citizenship.
Theprinciple of reciprocity. The legal regulation of dual citizenship may depend on the legal status of Ukrainian citizens in other countries and mutual agreements between states.
Theprinciple of human rights protection. The state policy on dual citizenship should ensure the protection of fundamental human rights and freedoms guaranteed by the Constitution of Ukraine and international human rights instruments.
Main regulatory acts
The legal regulation of dual citizenship in Ukraine is based on a number of normative acts, among which the key ones are
TheConstitution of Ukraine. The Constitution defines the basic principles of the legal status of Ukrainian citizens, including the principle of single citizenship. Article 4 of the Constitution of Ukraine establishes that there is a single citizenship in Ukraine.
TheLaw of Ukraine "On Citizenship of Ukraine". This law defines the grounds and procedure for the acquisition and termination of Ukrainian citizenship, the rights and obligations of citizens, as well as issues related to dual citizenship.
International treaties and conventions. Ukraine is a party to a number of international treaties governing nationality, including the 1961 Convention on the Reduction of Statelessness and the 1957 Convention on the Nationality of Married Women.
By-laws and regulations. The Cabinet of Ministers of Ukraine and other executive authorities adopt resolutions and instructions regulating citizenship issues and the implementation of relevant legislative provisions.
Grounds for acquisition and termination of Ukrainian citizenship
The Law of Ukraine "On Citizenship of Ukraine" defines the grounds for acquisition and termination of Ukrainian citizenship. The main grounds include:
Acquisition of Ukrainian citizenship
By birth. A child acquires Ukrainian citizenship if, at the time of his or her birth, one or both parents are citizens of Ukraine, or if the child was born on the territory of Ukraine to foreign citizens or stateless persons legally residing in Ukraine.
By territorial origin. A person who was born or permanently resided on the territory of Ukraine before its independence, as well as his or her descendants, have the right to acquire Ukrainian citizenship by territorial origin.
By naturalization. Foreigners and stateless persons may acquire Ukrainian citizenship subject to certain requirements, including permanent residence in Ukraine for a certain period of time, proficiency in the Ukrainian language and knowledge of Ukrainian legislation.
Other grounds. The law also provides for other grounds for acquiring Ukrainian citizenship, including adoption, recognition of paternity or maternity, and international treaties.
Termination of Ukrainian citizenship
By renunciation ofcitizenship. A citizen of Ukraine has the right to apply for renunciation of citizenship if he or she has acquired the citizenship of another state or received guarantees of its acquisition.
By termination ofcitizenship. Citizenship of Ukraine may be terminated by the decision of the President of Ukraine in cases provided for by law, in particular, for voluntary renunciation of citizenship or for acquiring the citizenship of another state without proper notification of the Ukrainian authorities.
Loss of citizenship. Citizenship of Ukraine may be lost in case of voluntary acquisition of citizenship of another state, enlistment in the military service of another state without the permission of the Ukrainian authorities or in cases provided for by international treaties.
Legal consequences of dual citizenship
Dual citizenship has certain legal consequences for persons holding it, as well as for the states of which they are citizens. The main consequences include:
Rights and obligations
Tax obligations. Persons with dual citizenship may be obliged to pay taxes in both states, which may create additional financial burdens. It is important to take into account the provisions of international treaties for the avoidance of double taxation.
Military service. Persons with dual citizenship may be subject to military service in both countries, which may lead to a conflict of interest. Some states have agreements on mutual recognition of military service.
Political rights. Persons with dual citizenship may have limited political rights in both countries, including the right to vote and the right to run for public office.
Consular protection. Dual nationals may be entitled to consular protection from both states, which can be useful in case of emergencies abroad.
Challenges and problems
Conflict of laws. Dual citizenship may lead to a conflict of laws between the two states, in particular with regard to the legal status of persons, their rights and obligations.
Security risks. Dual citizenship can create security risks for states, in particular in cases where persons with dual citizenship are involved in espionage or other illegal activities.
Migration issues. Dual citizenship may complicate migration and asylum issues, in particular in cases where dual nationals move between states to avoid liability or to obtain illegal benefits.
International aspects of legal regulation of dual citizenship
The legal regulation of dual citizenship is international in nature, and many states use international standards and best practices in their activities. The main international aspects of legal regulation of dual citizenship include:
International standards and recommendations. Ukraine is obliged to comply with international standards and recommendations in the field of legal regulation of nationality, in particular the 1961 Convention on the Reduction of Statelessness and other international treaties.
International cooperation. Ukraine cooperates with other states and international organizations to resolve issues related to dual citizenship, in particular, by entering into bilateral and multilateral treaties for the avoidance of double citizenship and the avoidance of double taxation.
International dispute resolution. International dual citizenship disputes may be resolved through international arbitration or judicial bodies such as the International Court of Justice or the European Court of Human Rights.
Conclusion.
The legal regulation of dual citizenship in Ukraine is an important aspect of the state policy aimed at ensuring legal certainty, protecting the rights of citizens and maintaining national security. It includes the regulatory framework, procedures for acquiring and terminating citizenship, rights and obligations of persons with dual citizenship, as well as mechanisms for resolving conflicts and ensuring cooperation between states.
Effective legal regulation of dual citizenship contributes to the development of democratic institutions, increases the level of trust in the state and ensures a stable legal environment for Ukrainian citizens. At the same time, it requires continuous improvement of legislation and international cooperation to address new challenges and problems related to dual citizenship.
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