gerb

LAW OF UKRAINE ON CITIZENSHIP

Chapter I GENERAL PROVISIONS
Chapter II ACQUIRING THE CITIZENSHIP OF UKRAINE
Chapter III TERMINATION OF THE CITIZENSHIP OF UKRAINE
Chapter IV POWERS OF STATE AUTHORITIES INVOLVED IN RESOLVING THE ISSUES OF CITIZENSHIP
Chapter V APPEAL AGAINST DECISIONS ON CITIZENSHIP
Chapter VI FINAL PROVISIONS


This Law in accordance with the Constitution of Ukraine determines the legal status of citizenship of Ukraine, grounds and order of its acquiring and termination, competency of state authorities taking part in resolving the issues of citizenship of Ukraine, order of appeals against citizenship-related decisions and against actions or inactivity of state authorities, their functionaries and officials.


Chapter I. GENERAL PROVISIONS.

Article 1. Definition of terms.

In this law underwritten terms are applied with the following meaning:

  • “Citizenship of Ukraine” – is the legal connection between natural person and Ukraine that become apparent in their mutual rights and obligations;
  • ”Person” – is the natural person;
  • ”Citizen of Ukraine” – is the person that acquired the citizenship of Ukraine in the order provided by the Ukrainian legislation and international treaties of Ukraine;
  • ”Foreigner” – is the person who is not a citizen of Ukraine and is a citizen (national) of another state or states;
  • ”Person without citizenship” – is the person, which is not considered to be a citizen by any state in compliance with its legislation;
  • ”Lawful representatives” – are the parents, foster parents, tutor parents, tutors, guardians and representatives of bodies performing functions of tutors and guardians.
  • ”Child” – is the person aged up to 18 years;
  • ”Registration of citizenship of Ukraine” – is the entry of record about acquisition of citizenship of Ukraine by a person, conducted by a specially authorized body into corresponding registration documents;
  • ”Residence within the territory of Ukraine on legal grounds” – is the residence within Ukraine of a foreigner or a person without citizenship who has in his/her 1974-type passport of the USSR a note on permanent or temporary registration within the territory of Ukraine, or who has registered his/her national passport within the territory of Ukraine, or who has a residence permit for permanent or temporary residence within the territory of Ukraine, or who is granted the status of refugee or asylum in Ukraine;
  • ”Continuous residence within the territory of Ukraine” – is the residence within Ukraine of a person, if his/her one-time stay abroad on private business has not exceeded 90 days and total annual stay abroad has not exceeded 180 days;
  • ”Obligation to terminate foreign citizenship” – is the written statement of a foreigner that in case he/she acquires the citizenship of Ukraine he/she would terminate his/her citizenship of another state and that during one year since the acquisition of the citizenship of Ukraine he/she would submit a document certifying termination of citizenship of another state to the authority that issued him/her temporary certificate of citizen of Ukraine.
  • ”Non-acquirement of a document certifying termination of foreign citizenship due to reasons beyond the person’s control” – is the non-issuing to the person, from whom a request to terminate foreign citizenship has been accepted, of a document certifying termination of citizenship in the terms set by the legislation of foreign state (except the cases when it was refused to terminate the person’s citizenship), or lack of procedure of termination of citizenship based on initiative of person, or high cost of legalization of termination of foreign citizenship exceeding minimal wage set in Ukraine;
  • ”Legal means of subsistence” – are the salary, income from business activity or property, pension, scholarship, alimony, social payments and assistance, own financial savings or financial assistance from family members, and/or other natural persons and legal entities, which have legal incomes;
  • ”International treaty of Ukraine” – is the international treaty the consent to be bound by which is given by the Verkhovna Rada of Ukraine;
  • ”Declaration of renunciation of foreign citizenship” – is the document in which a person acknowledges his/her refusal of citizenship of another state and commits not to enjoy rights of this state and not to fulfill the obligations connected with its citizenship;
  • ”Declaration on absence of citizenship” – is the document, in which a person informs about the absence of his/her foreign citizenship with the explanation of the reasons of such absence;
  • ”Certificate on belonging to the citizenship of Ukraine” – is the document, which confirms belonging of person aged up to 16 years to the citizenship of Ukraine indicating the grounds of its acquisition;
  • ”Temporary certificate of citizen of Ukraine” – is the document certifying a person and confirming his/her belonging to the citizenship of Ukraine.

Article 2. The principles of the legislation of Ukraine on citizenship.

The legislation of Ukraine on citizenship is based on the following principles:

  • Single citizenship – the citizenship of the state of Ukraine, excluding possibility of existence of citizenship of administrative territorial units of Ukraine. If a citizen of Ukraine acquires citizenship (nationality) of another state or states, then in legal relations with Ukraine he/she is recognized as the citizen of Ukraine only. If a foreigner acquires the citizenship of Ukraine, then in legal relations with Ukraine he/she is recognized as the citizen of Ukraine only;
  • Prevention of emergence of cases of lack of citizenship;
  • Impossibility of deprivation of a citizen of Ukraine from the citizenship of Ukraine;
  • Recognition of the right of citizen of Ukraine to change citizenship;
  • Impossibility of automatic acquiring of citizenship of Ukraine by a foreigner or by a person without citizenship due to marriage to a citizen of Ukraine or due to acquiring of the citizenship of Ukraine by his/her spouse and impossibility of automatic termination of citizenship of Ukraine by a spouse due to termination of marriage or termination of the citizenship of Ukraine by another spouse;
  • Equality before the law of citizens of Ukraine irrespective of grounds, order and moment of their acquisition of the citizenship of Ukraine;
  • Reservation of the citizenship of Ukraine irrespective of the place of residence of citizen of Ukraine.

Article 3. Belonging to the citizenship of Ukraine.

The citizens of Ukraine are:

  • All citizens of former USSR permanently residing within the territory of Ukraine at the moment of declaration of independence of Ukraine (24 August 1991);
  • Persons, irrespectively of their race, color of their skin, political, religious and other beliefs, sex, ethnic and social origins, material status, place of residence, language or other characteristics, who were residing in Ukraine at the moment of entry into force of the Law of Ukraine “On Citizenship of Ukraine” (13 November 1991) and who were not citizens of other states;
  • Persons who came to Ukraine for permanent residence since 13 November 1991 and who had “the citizen of Ukraine” inscription inserted into their 1974-type passport of the USSR by the domestic affairs authorities of Ukraine, as well as the children of such persons who arrived to Ukraine together with their parents, provided that they had not attained their majority before the entry to Ukraine;
  • Persons who have acquired the citizenship of Ukraine in accordance with the laws of Ukraine and the international treaties of Ukraine;
The persons referred to in the paragraph 1 of part 1 of this Article are the citizens of Ukraine since 24 August 1991; those referred to in the paragraph 2 are the citizens of Ukraine since 13 November 1991; those referred to in the paragraph 3 are the citizens of Ukraine since the insertion of inscription about their citizenship of Ukraine.

Article 4. Legislation on the citizenship of Ukraine.

The issues of the citizenship of Ukraine are regulated by the Constitution of Ukraine, this Law and international treaties of Ukraine. If an international treaty of Ukraine sets other rules than those contained in this Law, then the provisions of the international treaty are applied.

Article 5. The documents certifying the citizenship of Ukraine.

The documents certifying the citizenship of Ukraine are:

  • Passport of citizen of Ukraine;
  • Certificate on belonging to the citizenship of Ukraine;
  • Passport of citizen of Ukraine for travel abroad;
  • Temporary certificate of citizen of Ukraine;
  • Travel document of child;
  • Diplomatic passport;
  • Service passport;
  • Certificate of sailor;
  • Certificate of crew member;
  • Certificate of person for return to Ukraine.

Chapter II. ACQUIRING THE CITIZENSHIP OF UKRAINE

Article 6. Grounds for acquiring the citizenship of Ukraine.

The citizenship of Ukraine is acquired:

  • By birth;
  • By territorial origin;
  • Due to granting the citizenship of Ukraine;
  • Due to renewal of the citizenship of Ukraine;
  • Due to adoption;
  • Due to establishment of tutelage or guardianship over a child;
  • Due to establishment of guardianship over an incapable person recognized in that capacity by a court;
  • Due to citizenship of Ukraine of one or both parents of a child;
  • Due to affiliation;
  • Due to other grounds foreseen by the international treaties of Ukraine.

Article 7. Acquiring the citizenship of Ukraine by birth.

  • A person, whose parents or one of the parents were citizens of Ukraine at the time of his/her birth is a citizen ofUkraine.
  • A person born within the territory of Ukraine by persons without citizenship living within the territory of Ukraine on legal grounds is a citizen of Ukraine.
  • A person, who has not acquired by birth the citizenship of another state, born outside Ukraine by persons without citizenship living permanently within the territory of Ukraine on legal grounds is a citizen of Ukraine.
  • A person, who has not acquired by birth the citizenship of one of his/her parents, born within the territory of Ukraine by foreigners living permanently within the territory of Ukraine on legal grounds is a citizen of Ukraine.
  • A person born within the territory of Ukraine, one of whose parents was granted refugee status or asylum in Ukraine, and who has not acquired by birth the citizenship of one of his/her parents or who has acquired by birth the citizenship of one of his/her parents, to whom refugee status or asylum in Ukraine was granted is a citizen of Ukraine.
  • A person born within the territory of Ukraine by a foreigner and a person to whom refugee status or asylum in Ukraine was granted, and who has not acquired by birth the citizenship of his/her foreigner parent is a citizen of Ukraine.
  • Newborn child found within the territory of Ukraine, whose both parents are unknown (foundling) is a citizen ofUkraine.
  • A person possessing right to acquire the citizenship of Ukraine by origin is a citizen of Ukraine since the moment of his/her birth.

Article 8. Acquiring the citizenship of Ukraine by territorial origin.

  • A person who him/herself or at least one of whose parents, grandfather or grandmother, brother or sister were born or permanently resided within the territory, which became the territory of Ukraine in accordance with the Article 5 of the Law of Ukraine “On Legal Succession of Ukraine” and within other territories, which consisted a part of the Ukrainian People’s Republic, the Western Ukrainian People’s Republic, the Ukrainian State, the Ukrainian Socialistic Soviet Republic, Trans-Carpathian Ukraine, Ukrainian Soviet Socialistic Republic (URSR) and who is a person without citizenship or a foreigner, and who has obliged him/herself to terminate foreign citizenship and who submitted an application to acquire the citizenship of Ukraine and his/her children are registered as citizens of Ukraine.
  • A child who was born or permanently residing within the territory of Ukrainian Soviet Socialistic Republic (or at least one of his/her parents, grandfather or grandmother were born or permanently resided within the territories mentioned in the paragraph 1 of this Article and is a person without citizenship is registered as citizen of Ukraine upon request of one of his/her parents, tutor or guardian.
  • A child born within the territory of Ukraine by foreign parents and who had acquired by birth citizenship of another state or states, which was terminated, is registered as citizen of Ukraine upon request of one of his/her parents, tutor or guardian.

The persons mentioned in the paragraph 1 of this Article, which are citizens of states having an international treaty with Ukraine stipulating that application for acquiring the citizenship of Ukraine must be made only if such person proves that he/she is not a citizen of such a state, may apply for the citizenship of Ukraine only after termination of foreign citizenship.
The persons mentioned in the paragraph 1 of this Article, which are foreigners, must terminate their foreign citizenship and present a document certifying this, issued by an authorized body of relevant state to the body, which conducted registration, within a year since their registration as citizens of Ukraine. If such persons, having all necessary grounds to obtain such a document in accordance with the legislation of this state, fail to obtain this document due to circumstances beyond their control, or if they are granted refugee status or asylum in Ukraine, they must submit a declaration of renunciation of foreign citizenship. The obligation to terminate foreign citizenship is not required from foreigners who are citizens of states, which legislation stipulates for automatic termination of citizenship of persons simultaneously with acquiring citizenship of another state, or who are citizens of states having an international treaty with Ukraine stipulating for termination of citizenship of persons simultaneously with acquiring the citizenship of Ukraine. The date of acquiring the citizenship of Ukraine for the cases foreseen by this Article is the date of registration of acquiring by a person the citizenship of Ukraine.
A person who had obtained the citizenship of Ukraine and submitted a declaration of renunciation of foreign citizenship is obliged to return his/her passport of foreign state to the authorized bodies of this state.

Article 9. Granting the citizenship of Ukraine.

A foreigner or a person without citizenship may be at their instance granted the citizenship of Ukraine.

The conditions for granting the citizenship of Ukraine are:

  • Recognition and adherence of the Constitution and the Laws of Ukraine;
  • Obligation to terminate foreign citizenship or non-having foreign citizenship (for former citizens of states having an international treaty with Ukraine stipulating that persons may apply for the citizenship of Ukraine only if they prove that they are not citizens of another contracting party).

    During one year since acquiring the citizenship of Ukraine the persons who are foreigners must oblige themselves to terminate foreign citizenship and to submit a document certifying this issued by authorized body of relevant state to the body that accepted their application documents for the citizenship of Ukraine. If a person, having all necessary grounds to obtain such a document in accordance with the legislation of this state, fails to obtain this document due to circumstances beyond his/her control, or if he/she is granted refugee status or asylum in Ukraine, he/she must submit a declaration of renunciation of foreign citizenship. This rule is not applied to the persons who are citizens of states having an international treaty with Ukraine stipulating that persons may apply for the citizenship of Ukraine only if they prove that they are not citizens of another contracting party. The obligation to terminate foreign citizenship is not required from foreigners who are citizens of states, legislation of which stipulates for automatic termination of citizenship of persons simultaneously with acquiring citizenship of another state, or who are citizens of states having an international treaty with Ukraine stipulating for termination of citizenship of persons simultaneously with acquiring the citizenship of Ukraine, as well as from persons to which refugee status or asylum is granted in Ukraine and from persons without citizenship;

  • Continuous residence within the territory of Ukraine on legal grounds during the last five years.

    This requirement is not applied to a person who is married to a citizen of Ukraine for more than two years and permanently resides in Ukraine on legal grounds and to a person who permanently resides in Ukraine on legal grounds and had been married to a citizen of Ukraine for more than two years in case when the marriage was terminated because of death of his/her death.

    The term of continuous residence within the territory of Ukraine on legal grounds for persons to which refugee status or asylum was granted in Ukraine is three years since the moment of granting of refugee status or asylum in Ukraine; for persons who entered Ukraine as persons without citizenship the term of continuous residence within the territory of Ukraine on legal grounds is three years since the moment of obtaining of permanent residence permit in Ukraine;

  • Obtaining of permanent residence permit in Ukraine.
    This requirement is not applied to persons having in their 1974-type passport of the USSR inscription certifying their permanent or temporary registration within the territory of Ukraine as well as to persons to which refugee status or asylum was granted in Ukraine;
  • Knowledge of the state language or its understanding to the extent allowing communication. This requirement is not applied to persons having certain physical disabilities (blind, deaf, numb);
  • Having legal means of subsistence. This requirement is not applied to persons to which refugee status or asylum was granted in Ukraine.
    The provisions foreseen by the paragraphs 3-6 of second part of this Article are not applied to persons having outstanding merits before Ukraine and to persons, granting the citizenship of Ukraine to which is of state interest to Ukraine. Granting the citizenship of Ukraine to children residing in Ukraine, one of parents or tutors or guardians of which has permanent residence permit in Ukraine, is conducted notwithstanding the requirements of paragraphs 1, 3-6 of second part of this Article.

The citizenship of Ukraine is not granted to a person who:

  • Committed an outrage on humanity or genocide;
  • Was convicted to deprivation of liberty for committing grave crime in Ukraine (until clearing off or removal of convictions);
  • Has conducted within the territory of another state actions recognized as grave crime by the legislation ofUkraine.

A person who had obtained the citizenship of Ukraine and submitted a declaration of renunciation of foreign citizenship is obliged to return his/her passport of foreign state to the authorized bodies of this state. The date of acquiring the citizenship of Ukraine for the cases foreseen by this Article is the date of issuing of relevant Decree of the President of Ukraine.

Article 10. Renewal of the citizenship of Ukraine.

A person who has not acquired foreign citizenship after termination of the citizenship of Ukraine and submitted an application to renew his/her citizenship of Ukraine is registered as a citizen of Ukraine irrespectively of his/her permanent residence in Ukraine or abroad, provided that there are no circumstances provided for in the fifth part of the Article 9 of this Law. A person who acquired foreign citizenship after termination of the citizenship of Ukraine and has returned to Ukraine for permanent residence and submitted an application to renew his/her citizenship of Ukraine is registered as a citizen of Ukraine, provided that there are no circumstances provided for in the fifth part of the Article 9 of this Law. Such person is obliged to terminate foreign citizenship and to submit a document certifying this issued by authorized body of relevant state to the body that accepted their application documents for the citizenship ofUkraine during a year since the moment of his/her renewal of the citizenship of Ukraine. If such person, having all necessary grounds to obtain such a document in accordance with the legislation of this state, fails to obtain this document due to circumstances beyond his/her control, or if he/she is granted refugee status or asylum in Ukraine, he/she must submit a declaration of renunciation of foreign citizenship.

The person mentioned in second part of this Article who is a citizen of state having an international treaty with Ukraine stipulating that persons may apply for the citizenship of Ukraine only if they prove that they are not citizens of another contracting party, may submit an application to renew his/her citizenship of Ukraine only after termination of foreign citizenship. The obligation to terminate foreign citizenship is not required from citizens of states, legislation of which stipulates for automatic termination of citizenship of persons simultaneously with acquiring citizenship of another state, or from citizens of states having an international treaty with Ukraine stipulating for termination of citizenship of persons simultaneously with acquiring the citizenship of Ukraine, as well as from persons to which refugee status or asylum is granted in Ukraine and from persons without citizenship; The citizenship of Ukraine is not renewed to the persons who lost their citizenship of Ukraine on the basis of paragraph 4 of first part of the Article 19 of this Law. The date of acquiring the citizenship of Ukraine for the cases foreseen by this Article is the date of registration of acquiring by a person the citizenship of Ukraine. A person who had obtained the citizenship of Ukraine and submitted a declaration of renunciation of foreign citizenship is obliged to return his/her passport of foreign state to the authorized bodies of this state.

Article 11. Acquiring the citizenship of Ukraine by children due to adoption.

  • A child who is a foreigner or a person without citizenship, adopted by citizens of Ukraine or by a married couple, one member of which is a citizen of Ukraine and another is a person without citizenship, becomes a citizen of Ukraine since the moment of entry into force of the decision on adoption irrespectively of his/her permanent residence in Ukraine or abroad.
  • A child who is a person without citizenship or a foreigner, adopted by a married couple, one member of which is a citizen of Ukraine and another is a foreigner, becomes a citizen of Ukraine since the moment of entry into force of the decision on adoption irrespectively of his/her permanent residence in Ukraine or abroad.

Article 12. Acquiring the citizenship of Ukraine due to establishment of tutelage or guardianship over a child

  • A child who is a person without citizenship or a foreigner, over which tutelage or guardianship is established by citizens of Ukraine or by persons, one of which is a citizen of Ukraine and another is a person without citizenship, becomes a citizen of Ukraine since the moment of decision making on establishment of tutelage or guardianship.
  • A child permanently residing within the territory of Ukraine who is a person without citizenship or a foreigner, over which tutelage or guardianship is established by persons, one of which is a citizen of Ukraine and another is a foreigner, becomes a citizen of Ukraine since the moment of decision making on establishment of tutelage or guardianship, unless he/she acquires the citizenship of foreign tutor or guardian due to establishment of tutelage or guardianship.
  • A child who is a person without citizenship or a foreigner who is being brought up at a state child establishment of Ukraine, which performs the duties of tutor or guardian towards him/her, or at a family-type orphanage, if at least one of the parents-educators is a citizen of Ukraine, becomes a citizen of Ukraine since the moment of his/her placement into such an establishment, provided that his/her parents have died, have been deprived of parental rights, have been declared missing, incapable or dead.

Article 13. Acquiring the citizenship of Ukraine due to establishment of guardianship by a citizen ofUkraine over an incapable person recognized in that capacity by a court.

A foreigner or a person without citizenship permanently living in Ukraine on legal grounds who is recognized to be incapable by a court, over which guardianship by a citizen of Ukraine is established, becomes a citizen of Ukraine since the moment of entry into force of the decision on establishment of guardianship.

Article 14. Acquiring the citizenship of Ukraine by a child due to citizenship of Ukraine of one or both of his/her parents.

  • A child who is a person without citizenship or a foreigner, one of parents of which is a citizen of Ukraine and another is a person without citizenship, is registered as a citizen of Ukraine at the instance of the parent who is a citizen of Ukraine.
  • A child who is a person without citizenship, one of parents of which is a citizen of Ukraine and another is a foreigner, is registered as a citizen of Ukraine at the instance of the parent who is a citizen of Ukraine.
  • A child who is a person without citizenship or a foreigner, the parents of which are citizens of Ukraine, is registered as a citizen of Ukraine at the instance of one of the parents.
The date of acquiring the citizenship of Ukraine for the cases foreseen by this Article is the date of registration of acquiring by a person the citizenship of Ukraine.

Article 15. Acquiring the citizenship of Ukraine by a child due to affiliation.

In case of affiliation of a child, whose mother is a foreigner or a person without citizenship and whose affiliated father is a citizen of Ukraine, such child becomes a citizen of Ukraine irrespectively of his/her place of birth and permanent residence. The date of acquiring the citizenship of Ukraine for the cases foreseen by this Article is the date of birth or the date of acquiring of the citizenship of Ukraine by the father, if he had acquired it after the birth of the child.

Article 16. The need for children’s consent during their acquiring the citizenship of Ukraine.

Acquiring the citizenship of Ukraine by the children aged from 15 to 18 may take place only with their consent.

Chapter III. TERMINATION OF THE CITIZENSHIP OF UKRAINE AND REPEAL OF DECISIONS ON ACQUIRING THE CITIZENSHIP OF UKRAINE

Article 17. The grounds for termination of the citizenship of Ukraine.

The citizenship of Ukraine is terminated:

  • Due to renunciation of the citizenship of Ukraine;
  • Due to loss of the citizenship of Ukraine;
  • Due to the grounds foreseen by the international treaties of Ukraine.

Article 18. The renunciation of the citizenship of Ukraine.

  • A citizen of Ukraine who has left for permanent residence abroad may renounce the citizenship of Ukraine at his instance.
  • If a child together with his/her parents left for permanent residence abroad and his/her parents renounce their citizenship of Ukraine, the child may renounce his/her citizenship of Ukraine together with his/her parents at the instance of one of his/her parents.
  • If one of the parents left for permanent residence abroad together with a child and is renouncing his/her citizenship of Ukraine while another parent remains a citizen of Ukraine, the child may renounce his/her citizenship of Ukraine together with the renouncing parent at his/her instance.
  • If one of the parents left for permanent residence abroad together with a child and is renouncing his/her citizenship of Ukraine while another parent is a foreigner or a person without citizenship, the child may renounce his/her citizenship of Ukraine together with the renouncing parent at his/her instance.
  • If a child left for permanent residence abroad and his/her parents have renounced their citizenship of Ukraine, the child may renounce his/her citizenship of Ukraine at the instance of one of his/her parents.
  • If a child left for permanent residence abroad together with one of his/her parents and he/she has renounced his/her citizenship of Ukraine while another parent remains a citizen of Ukraine, the child may renounce his/her citizenship of Ukraine at the instance of the parent who has renounced his/her citizenship of Ukraine.
  • If a child left for permanent residence abroad together with one of his/her parents and he/she has renounced his/her citizenship of Ukraine while another parent is a foreigner or a person without citizenship, such child may renounce his/her citizenship of Ukraine at the instance of the parent who has renounced his/her citizenship of Ukraine.
  • A child who has acquired the citizenship of Ukraine by birth may renounce the citizenship of Ukraine at the instance of one of the parents irrespectively of the place of residence of the child.
  • A child adopted by a married couple, one member of which is a citizen of Ukraine and another is a foreigner, may renounce the citizenship of Ukraine at the instance of the foster parent who is a foreigner.
  • A child adopted by foreigners or persons without citizenship may renounce the citizenship of Ukraine at the instance of one of the foster parents.

Renunciation of the citizenship of Ukraine is allowed if a person has acquired the citizenship of another state or obtained a document issued by authorized body of another state certifying that the citizen of Ukraine would obtain the citizenship of this state if he/she renounces the citizenship of Ukraine.
Renunciation of the citizenship of Ukraine by the children aged from 15 to 18 may take place only with their consent.
Renunciation of the citizenship of Ukraine is not allowed if the person petitioning for renunciation of the citizenship of Ukraine is charged with a criminal case or with respect to which a valid court sentence subject to execution was passed in Ukraine.
The date of renunciation of the citizenship of Ukraine for the cases foreseen by this Article is the date of issuing of relevant Decree of the President of Ukraine.

Article 19. The loss of the citizenship of Ukraine

The citizenship of Ukraine is lost:

  • If a citizen of Ukraine has voluntarily acquired the citizenship of another state after attaining his/her majority.
    Voluntary acquiring of the citizenship of another state are all cases when a citizen of Ukraine of his/her own free will, expressed in written application, has acquired the citizenship of another state or if he/she voluntarily obtained a document certifying his/her acquiring of the citizenship of foreign state, except for the cases when:

    • Children acquire the citizenship of another state simultaneously with the citizenship of Ukraine;
    • Children who are citizens of Ukraine and were adopted by a foreigner, obtain the citizenship of foster parent;

  • A citizen of Ukraine automatically obtains the citizenship of another state due to marriage to a foreigner;
  • The citizenship of another state was granted to a citizen of Ukraine automatically, without his voluntary will and he has not voluntary obtained a document certifying his/her acquiring of the citizenship of another state;
  • If a foreigner acquired the citizenship of Ukraine and has not submitted in the order, foreseen by fifth part of the Article 8, paragraph 2 of second part of the Article 9 and second part of the Article 10 of this Law, a document certifying the termination of foreign citizenship or a declaration of its renunciation;
  • If a foreigner has acquired the citizenship of Ukraine and used rights or fulfilled obligations provided or imposed on him/her by the foreign citizenship;
  • If a person has acquired the citizenship of Ukraine in accordance with the Article 9 of this Law due to presenting deliberately wrong information or falsified documents;
  • If a citizen of Ukraine has voluntarily entered military service, security service, law enforcement agencies, justice or state authorities or bodies of local self-government of another state without consent of state bodies of Ukraine.
The provisions of paragraphs 1,2,3,5 of first part of this Article are not applied if due to such application a citizen ofUkraine becomes a person without citizenship.

Article 20. Legal personality of a citizen of Ukraine who has submitted an application to renounce his/her citizenship of Ukraine or in respect to which the loss of citizenship is being registered.

A citizen of Ukraine who has submitted an application to renounce his/her citizenship of Ukraine or in respect to which the loss of citizenship is being registered enjoys all rights and bears all obligations of the citizen of Ukraineuntil entry into force of the decision of termination of his/her citizenship of Ukraine.

Article 21. Cancellation of decisions on registration of acquiring the citizenship of Ukraine.

The decisions on registration of acquiring the citizenship of Ukraine are cancelled if a person acquired Ukrainian citizenship in accordance with the Articles 8 and 10 of this Law by deceit, as a result of deliberately furnishing false information or forged documents, concealing any substantial fact under existence of which a person cannot acquire the citizenship of Ukraine.

Chapter IV. POWERS OF STATE AUTHORITIES INVOLVED IN RESOLVING THE ISSUES OF CITIZENSHIP

Article 22. The powers of the President of Ukraine.

The President of Ukraine:

  • in accordance with the Constitution of Ukraine and this Law adopts decisions and issues Decrees as regards acquiring the citizenship of Ukraine and termination of the citizenship of Ukraine;
  • establishes the order of proceedings for applications on the issues of citizenship and the order of implementation of the adopted decisions;
  • approves the Regulation on the Commission on Citizenship under the President of Ukraine.

Article 23. The powers of the Commission on Citizenship under the President of Ukraine.

The Commission on Citizenship under the President of Ukraine:

  • examines applications for the citizenship of Ukraine, renunciation and termination of Ukrainian citizenship and submits to the President of Ukraine proposals as regards allowing these applications;
  • returns documents on granting the citizenship of Ukraine or renunciation of the citizenship of Ukraine to the authorized central executive authority on citizenship or to the Ministry of Foreign Affairs of Ukraine for their registration in compliance with the requirements of current legislation of Ukraine.
  • monitors implementation of decisions on citizenship adopted by the President of Ukraine.

Article 24. The powers of the specially authorized central executive authority on citizenship and its subordinated bodies.

The specially authorized executive authority on citizenship and its subordinated bodies exercise the following powers:

  • receive applications with all necessary documents concerning acquiring and termination of the citizenship of Ukraine, verify their accuracy, absence of circumstances under which a person cannot be granted the citizenship of Ukraine, as well as absence of grounds which do not permit to renounce the citizenship of Ukraine; together with their conclusion they submit the above-mentioned documents to the Commission on Citizenship under President of Ukraine for consideration;
  • prepare applications for termination of the citizenship of Ukraine and together with necessary documents submit them to the Commission on Citizenship under the President of Ukraine for consideration;
  • adopt decisions on registration of acquiring the citizenship of Ukraine on the grounds envisaged in paragraphs 1, 2, 4-10 of the Article 6 of this Law;
  • cancel the decisions on registration of acquiring the citizenship of Ukraine adopted by them in cases provided for in the Article 21 of this Law;
  • implement the decisions of the President of Ukraine on citizenship;
  • issue to the persons who acquired the citizenship of Ukraine passports of the citizen of Ukraine, certificates of belonging to the citizenship of Ukraine (for the persons under 16 years), temporary certificates of the citizen of Ukraine, travel documents of a child and certificates of termination of the citizenship of Ukraine;
  • Withdraw passports of citizen of Ukraine, certificates of belonging to the citizenship of Ukraine, temporary certificates of the citizen of Ukraine, passports of citizen of Ukraine for travel abroad and travel documents of a child from the persons whose citizenship of Ukraine has been terminated;
  • Keep record of persons who acquired the citizenship of Ukraine and terminated the citizenship of Ukraine.

The specially authorized executive authority on citizenship biannually informs the Commission on Citizenship under the President of Ukraine about fulfillment of the decisions of the President of Ukraine on citizenship. The specially authorized executive authority on citizenship and its subordinated bodies exercise the powers foreseen by first part of this Article as regards the persons residing within the territory of Ukraine.

Article 25. The powers of the Ministry of Foreign Affairs of Ukraine, diplomatic and consular missions ofUkraine.

The Ministry of Foreign Affairs of Ukraine, diplomatic and consular missions of Ukraine exercise the powers foreseen by the Article 24 of this Law as regards the persons permanently residing abroad.

Chapter V. APPEAL AGAINST DECISIONS ON CITIZENSHIP, ACTIONS OR INACTIVITY OF STATE AUTHORITIES, FUNCTIONARIES AND OFFICIALS

Article 26. Appeal against decisions on citizenship.

The decisions on citizenship made by the specially authorized executive authority on citizenship, the Ministry of Foreign Affairs of Ukraine and their subordinated bodies may be appealed against in courts as prescribed by the laws.

Article 27. Appeal against actions and inactivity of functionaries and officials violating the order of examination of citizenship cases.

Actions and inactivity of officials violating the order of examination of citizenship cases and implementation of decisions on citizenship may be appealed against judicially and administratively.

Article 28. Appeal against actions and inactivity of functionaries and officials violating the order of examination of citizenship cases by the persons permanently residing abroad.

The persons permanently residing abroad may appeal against unlawful actions or inactivity of officials of diplomatic and consular missions of Ukraine in established order in courts.

Article 29. Responsibility of functionaries and officials for violations of the legislation on citizenship.

The officials violating this Law account for this as provided by the laws of Ukraine.

Chapter VI. FINAL PROVISIONS

  • This Law enters into force since the day of its promulgation.