Every year in Ukraine the issue of dual citizenship is being raised more and more acutely. It began to be discussed especially sharply in society after 2014, when the Russian Federation began its aggression against Ukraine. Many citizens of Ukraine, due to historical circumstances, have two passports – Ukrainian and Russian. Recently, many residents of the regions bordering with the EU countries also received by hook or by crook the passports of the EU countries. Most often these are passports of Hungary and Romania, less often Poland.
In most cases, this is done deliberately, in order to simplify the bureaucratic procedures of the migration process, and also, in order to obtain the legal possibility of legal unlimited stay in both countries & nbsp; However, there are often situations when a person, in his opinion, has only one citizenship, and in fact, he has the citizenship of one or more states. Rather, this state or states consider it as their citizen..
It is obvious that there is an urgent need for an early reform of both the process of obtaining Ukrainian citizenship and the process of renouncing citizenship. However, the desire to amend the Law of Ukraine “On Citizenship of Ukraine” is directly dependent on the norms of the Constitution of Ukraine. It would seem that the question can be solved. However, Ukraine has undertaken certain international obligations that require our state to adopt laws within the framework of the requirements of international institutions. One of these requirements is the impossibility of arbitrary deprivation of citizenship.
Countries with totalitarian regimes, such as the USSR, could arbitrarily deprive citizens of their citizenship. The situation with the dissident Vladimir Bukovsky, who was deprived of USSR citizenship in 1974 and expelled from the country (actually exchanged for L. Karvalan), is indicative. However, in the modern liberal world, this is practically impossible. The international community declares that the right of countries to determine who is a citizen is not absolute, and the duty of countries, including Ukraine, to comply with international requirements in this matter.
Thus, we get a situation in which people born in Ukraine from parents who are citizens of Ukraine cannot be deprived of Ukrainian citizenship, at the request of the state. They can only voluntarily renounce the citizenship of Ukraine by completing the appropriate procedure for renouncing citizenship. It remains completely unclear the question of how the state should act in relation to a citizen who has received the citizenship of another country and at the same time does not want to voluntarily leave the Ukrainian.
A stalemate has developed – Article 4 of the Constitution of Ukraine clearly states: there is a single citizenship in Ukraine. However, nowhere is there a prohibition on acquiring citizenship of another state or even states. That is, there is a norm, but there is no sanction for violation. Therefore, in practice, government agencies simply slow down any actions in the event that a person has a second citizenship. For example, when contacting the authorities of the migration service, you will be denied any action. Naturally, this is legal nihilism, however, forcing civil servants to perform the required actions will not be an easy task, and you need to be prepared for this..
Also, the situation is not entirely logical if a person is admitted to citizenship. The requirements of the migration authorities are to renounce their citizenship before adopting Ukrainian. A foreigner submits documents and receives a decision on granting him Ukrainian citizenship. Further, the foreigner receives a temporary passport until he submits a document confirming the renunciation of his first citizenship. However, there are exceptions for some countries. For example, Iran does not provide for the possibility of renouncing citizenship. Israel, also does not provide other states with any data on the adoption of citizenship or renunciation of citizenship..
A separate point is that there is no need to renounce the first citizenship, provided that the first state requires a fee for the procedure for renouncing citizenship. The condition is the amount of such wages, which must be at least half of the minimum wage in Ukraine..
We see that double standards are frequently applied in relation to citizens of different states. Naturally, both lawyers and ordinary citizens, as well as foreigners, are waiting for the systematization of the processes of regulating Ukrainian citizenship. But this is probably still far enough away.