Citizenship declarations, passport revocation, simplified procedures: Zelenskyy's bill analysis

Main provisions of draft law

The draft law defines the list of countries whose citizens may apply for Ukrainian citizenship under a simplified procedure. It also defines the categories of persons who must renounce their foreign citizenship.

It introduces a declaration of recognition as a citizen of Ukraine, updates the list of persons who cannot obtain a Ukrainian passport, and revises the grounds for losing Ukrainian citizenship.

In short, the grounds for loss of citizenship include voluntary receipt of a passport of the aggressor country, the Russian Federation; use of a foreign passport in the country that poses a threat to national security; fraud in obtaining Ukrainian citizenship; participation in armed aggression on the side of the Russian Federation, and so on.

Who is eligible for Ukrainian citizenship

Citizens of Ukraine are all former citizens of the USSR who were permanently residing in Ukraine at the time of independence; persons who lived in the country before November 13, 1991, and were not foreign citizens; persons who arrived for permanent residence after November 13, 1991, with a stamp in their USSR passport indicating Ukrainian citizenship; persons who acquired Ukrainian citizenship following its laws and international treaties.

Ukrainian citizenship is granted by birth, territorial origin, as a result of adoption and restoration of citizenship, adoption, and guardianship, in connection with the citizenship of one or both parents, as well as on other grounds provided for by international treaties.

The draft law clarifies the right to citizenship on a territorial basis. In particular, a Ukrainian passport may be applied for by persons whose close relatives were born before August 24, 1991, in the territory that became the territory of Ukraine. Or in the territories that were part of the Ukrainian People's Republic, West-Ukrainian People's Republic, Ukrainian State, Ukrainian SSR, and Transcarpathian Ukraine at the time of their birth.

This right is granted to persons born in Ukraine after August 24, 1991, to foreigners, refugees, or stateless persons. The conditions are recognition and observance of the laws and the Constitution, knowledge of the principles of the Constitution, the history of Ukraine, and proficiency in the Ukrainian language (according to the level determined by the National Commission on State Language Standards).

Individuals performing military service under a contract, holding a residence permit, or acquiring citizenship under a simplified procedure are obliged to pass an exam on the fundamentals of the Constitution, the history of Ukraine, and the level of proficiency in the Ukrainian language.

Peculiarities of admission of foreigners to Ukrainian citizenship

Foreigners or stateless persons may be admitted to Ukrainian citizenship upon their application. In doing so, they are subject to several conditions, including recognition of and compliance with the laws of Ukraine, knowledge of the principles of the Constitution, history, and proficiency in the Ukrainian language (following the level established by the National Commission).

Another condition is continuous residence in Ukraine for the last 5 years. This rule does not apply to those who have been married to a Ukrainian citizen for more than 3 years, as well as those who have served in the military under contract or have an immigration permit.

Military personnel must have resided in Ukraine for the last 3 years (from the date the contract came into force), and individuals with a residence permit must have resided in Ukraine for the last 3 years from the date of application.

The requirement of an immigration permit does not apply to refugees and those who are or have been performing military service under a contract or have received a permanent residence permit. The provision on the availability of legal sources of subsistence does not apply to refugees and those granted asylum in Ukraine.

The conditions on a minimum period of residence, immigration permits, and legal sources of livelihood also do not apply to those who have outstanding services to Ukraine. In the case of the military, people with merits and those of national interest, submissions to the president are being prepared.

Simplified procedure. To whom it applies

The draft law defines the list of countries whose citizens can apply for a Ukrainian passport under the simplified procedure.

These are citizens of such countries as Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and the United States.

Declaration of citizenship. What documents should be submitted

In addition to the application for Ukrainian citizenship, you will need to submit one of the following documents:

• a declaration of recognition as a citizen of Ukraine;
• an obligation to renounce foreign citizenship;
• a declaration of renunciation of foreign citizenship and recognition of oneself as a citizen of Ukraine;
• a declaration of absence of foreign citizenship.

Declaration of recognition as a citizen of Ukraine is a document in which foreigners (or their legal representatives) confirm that, in case of obtaining a Ukrainian passport, they recognize themselves as citizens of Ukraine in legal relations with Ukraine.

Declaration of renunciation of foreign citizenship is submitted by those who:

• recognized as a refugee or granted asylum in Ukraine;
• are performing military service in the Armed Forces of Ukraine, the National Guard, or the Special Transport Service (are the husband/wife of such a person or a child);
• has received a temporary residence permit (is the spouse of such a person or a child);
• has merits before Ukraine or his/her admission to citizenship is of state interest to Ukraine (is the husband/wife of such a person or a child);
• is a citizen of the Russian Federation and has been persecuted in his/her country;
• has pledged to renounce foreign citizenship or has reasons beyond his/her control for not receiving a document on the termination of such citizenship (or is a child of such a person)
• is a citizen of a state whose legislation provides for automatic deprivation of citizenship simultaneously with the acquisition of citizenship of another country (or a child of such a person)

Declaration of absence of foreign citizenship is a document in which a stateless person declares that he or she does not have any foreign citizenship (nationality) or nationalities (citizenships) and explains the reasons for such absence.

Obligation to terminate foreign citizenship is a document in which a foreigner (including a Russian citizen) acknowledges that if he or she receives a Ukrainian passport, he or she will terminate the citizenship of another country within 2 years.

Who will not be granted Ukrainian citizenship

The draft law also defines a list of persons who are not eligible for Ukrainian citizenship. These are persons convicted of grave or especially grave crimes in Ukraine or abroad who pose a threat to national interests, security, sovereignty, and territorial integrity.

At the same time, the provision on a crime abroad does not apply to those who have outstanding services to Ukraine or whose admission to citizenship is of state interest. For example, persons who have participated and are participating in deterring the aggression of the Russian Federation, as well as those who have been subjected to political persecution in Russia.

Peculiarities of renunciation of Ukrainian citizenship

Ukrainian citizenship is terminated as a result of renunciation, loss, or on the grounds provided for by international treaties.

In particular, a Ukrainian citizen may renounce his or her citizenship if he or she permanently resides abroad. At the same time, his or her child may also renounce Ukrainian citizenship at the request of the parent. There are also several conditions for this. In particular, children between the ages of 14 and 18 must give their consent. Equally important is the fact that renunciation of Ukrainian citizenship is allowed if a person acquires citizenship in another country. That is, they do not become stateless.

Renunciation of citizenship is not allowed if a person is suspected or accused of committing a criminal offense in Ukraine or has been convicted and sentenced to death, or due to restrictions related to state secrets laws.

In all cases, the date of termination of citizenship is the date of the Presidential decree.

Grounds for deprivation of Ukrainian passport

The draft law defines the grounds for the loss of Ukrainian citizenship. The first is the voluntary acquisition of citizenship of the Russian Federation or a state included in the above list (under a simplified procedure).

Voluntary acquisition is considered to be the submission of an application following the established procedure under the laws of another country. Except for the case provided for in part 6 of Article 5 of the Law "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine". According to this provision, the forced distribution of Russian passports is not recognized by Ukraine and is not a ground for loss of citizenship.

Also, the simultaneous acquisition by a child of Ukrainian citizenship by birth and of another country; citizenship of adoptive parents; automatic acquisition of citizenship of another country in case of marriage to a foreigner; and automatic acquisition of citizenship abroad upon reaching the age of 18 are not considered voluntary.

The following grounds for loss of citizenship are also defined:

• use of a foreigner's passport on the territory of Ukraine, which results in threats to the national security or interests of Ukraine;
• obtaining a Ukrainian passport based on submitting false information, forgery, fraud, or failure to fulfill obligations (to renounce citizenship of another country, to pass exams, etc.);
• military service in the Russian Federation;
• entry into force of a sentence for a crime against peace, national security of Ukraine, a terrorist act, creation of a terrorist group (organization), financing of terrorism, creation of a criminal organization, concealment of criminal activity
• participation in the armed aggression against Ukraine as part of the armed forces of Russia or a country that facilitates such aggression

Important. All measures to deprive a person of Ukrainian citizenship are not taken if, as a result, such a person becomes stateless.