Ukraine declared war on dual citizenship

Author : News Agency

Source : 112 Ukraine

Verkhovna Rada registered a bill designed to implement the principle of single citizenship
10:03, 23 November 2016

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Ukraine’s Parliament was offered to fight dual nationality or multiple citizenship in Ukraine. The relevant draft law №5433 "On Amendments to Certain Legislative Acts of Ukraine regarding acquisition (termination) of Ukraine citizenship, citizenship (nationality) of another state or citizenship (nationality) of other states" was registered by members of the faction "People's Front" Andriy Teteruk and Leonid Yemets.

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As the authors of legislative initiative in the explanatory note, today the national legislation does not provide for the citizens of Ukraine possession of a passport of a foreign state. Thus, according to Art. 4 of the Constitution of Ukraine, there is single citizenship. In addition, Art. 2 of the Law "On Citizenship of Ukraine" it is determined that one of the basic principles of Ukrainian legislation on citizenship is the principle of single citizenship - citizenship of Ukraine. If a citizen of Ukraine acquires the citizenship of another state or states or the foreigner acquires the citizenship of Ukraine, then in legal relations with Ukraine that person recognized as the citizen of Ukraine.

"It does not mean prohibition of dual citizenship because, under current law, the loss of citizenship of Ukraine is not automatically acquiring the citizenship of another country, but only from the date of the decree of President of Ukraine on the termination of citizenship on a person. Even if a citizen of Ukraine acquires the citizenship of another state or states, he is not deprived with Ukrainian citizenship and in legal relations with Ukraine will continue recognizes only a citizen of Ukraine," claim the authors of the bill and conclude that de facto in Ukraine there are cases of dual nationality of natural persons contrary to the provisions of the Constitution.

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MPs also cited a number of arguments in favor of an immediate settlement of the legal concept of dual citizenship. In particular, they said, dual citizenship generates separatist sentiment in society; threatens invasion of another country under the pretext of protection of its citizens; leads to the need to harmonize dual responsibility; allows to avoid legal prosecution of offenders; could be the first step toward federalization of the country; negative impact on protecting the interests of citizens of Ukraine who have foreign citizenship abroad; is often used as a way of evading obligations of citizens to the state (military service, paying taxes, etc.).

Substantive provisions

Bill №5433 proposed to resolve the issue of dual citizenship, including defining the concept of multiple (dual) citizenship and citizen commitment to return the passport of a foreign state in obtaining citizenship of Ukraine by setting the order to return the person providing the passport and the principle of preventing cases of dual citizenship as one of the main principles of law Ukraine on citizenship.

According to the draft, a Ukrainian, who obtained foreign citizenship voluntarily, will be required within six months inform a specially authorized state authority or diplomatic mission of Ukraine. Ukrainian citizenship automatically terminate simultaneously with acquiring the nationality or citizenship of other countries. In the event of failure or untimely submission of information the person might be charged with a fine of 500 to 1 thousand income tax exemption.

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The document significantly expands the powers of public authorities involved in addressing the issue of citizenship and the Security Service of Ukraine, the National Police of Ukraine, the State Border Service of Ukraine and prosecutors on the prevention, detection, suppression and detection of cases belonging citizens of Ukraine to the citizenship of another country.

The Bill, among other things, prohibits persons with dual (Ukraine and other states) citizenship:

- To work in the Security Service, the Prosecutor's Office of the State Guard, local state administrations, local authorities, the State special transport service, the State Penitentiary Service of Ukraine, the Foreign Intelligence Service of Ukraine, State Service for Special Communications and Information Protection of Ukraine;

- Hold senior positions (chairman and his deputies) at the Antimonopoly Committee of Ukraine and the National Bank of Ukraine;

- Become a member of the Cabinet of Ministers of Ukraine, the High Council of Justice, the Council of the National Bank, the Central Election Commission, National Council of Ukraine on Television and Radio Broadcasting;

- Carry military service, serve in the Armed Forces of Ukraine on the contract.

Dual nationals are deprived of the right to vote in the national referendum, to vote and be elected in local elections. In addition, they will be denied access to state secrets.

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Also Teteruk and Yemets offer to reduce the deadline for foreigners document on secession or declaration of renunciation from two years to six months and replace the term "temporary certificate of citizen of Ukraine," the concept of "temporary ID that intend to acquire the citizenship of Ukraine." According to the parliamentarians, it would eliminate cases of outright manipulation rules of Ukrainian law by some foreigners who acquire citizenship of Ukraine in order to avoid criminal charges in another country or realize their mercantile interests.

In addition, it is proposed to expand the list of conditions for granting the citizenship of Ukraine, namely to include his exam in command of the state language, including the ability to read, write and speak the Ukrainian language, knowledge of the Constitution and the history of Ukraine.

Prohibition for Russians

Another important provision of the bill №5433 is prohibition to provide Ukrainian citizenship to citizens of the Russian Federation (RF). It is proposed to establish that the citizenship of Ukraine is not granted to a person who, in particular, refers to the nationality of the State, for which Ukraine declared a state of war and five years after the day of peace, carried out actions against national security of Ukraine and refers to state citizenship by Verkhovna Rada of Ukraine recognized the state-aggressor, the period of resolution number 68/262 UN General Assembly on 27 March 2014 to support the territorial integrity of Ukraine and five years from the date of loss into force and the period the counterterrorist operation (ATO) and five years after the date of its completion.

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The above conditions also deprived of the opportunity to receive Ukrainian citizenship of a person who can get it on the territorial origin. Simultaneously, the bill sets out a new way is this concept as the basis for citizenship Ukraine. Thus, the territorial origin will be recognized if the person herself or one of her parents were born or resided until August 24, 1991 in the territory which became the territory of Ukraine according to the law "On Succession of Ukraine" or herself, or at least one of her parents were born or resided in other areas that were at the time of birth or during their residence of the Ukrainian People's Republic, Western Ukrainian National Republic, Ukrainian State (Hetman Pavlo Skoropadsky), Ukrainian Soviet Socialist Republic, Transcarpathian Ukraine , Ukrainian Soviet Socialist Republic (SSR) is a stateless person and after August 24, 1991 has not received the citizenship of another state.

Council has repeatedly logged legislative initiatives relating to the procedures for obtaining / deprivation of citizenship. In particular, bills on alternative terms of the citizenship (№3321) and deprivation of Ukrainian citizenship of persons convicted by a court for committing a crime against national security of Ukraine (№4115) are pending.

Related: Ukrainians will receive new ID cards instead passports from November

Also, Cabinet proposes parliament to introduce the procedure for determining the status of stateless persons.

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