According to the national legislation of most states that do not recognize the existence of dual citizenship, one of the requirements for the possibility of obtaining citizenship is the termination of a person's existing citizenship. In this article, we will analyze the procedures for the termination of Ukrainian citizenship and will try to highlight the most optimal of them.
Of course, the procedure for a person to change citizenship is simplified if there are bilateral agreements between countries that regulate the automatic termination of the citizenship of one country at the time of acquiring the citizenship of another country, a party to the agreement. By the way, our state has concluded such agreements with Tajikistan, Belarus, Kyrgyzstan and Georgia.
In the absence of such international agreements, a person who wishes to change his citizenship will have to deal with a rather lengthy and complicated procedure for withdrawing or losing Ukrainian citizenship.
The main normative legal act that establishes the general procedure for the acquisition and termination of Ukrainian citizenship is the Law of Ukraine "On Citizenship of Ukraine". At the same time, the procedure for the termination of Ukrainian citizenship is determined in more detail by the Procedure for Proceeding on Applications and Submissions on the Issues of Citizenship of Ukraine and the Implementation of Decisions, approved by the Decree of the President of Ukraine No. 215 dated March 27, 2001.
In general, it is possible to "get rid" of Ukrainian citizenship in case of renouncing citizenship or in connection with its loss.
The procedure for renouncing the citizenship of Ukraine is carried out at the mutual will of a person and the state. That is, this procedure for terminating the citizenship of Ukraine can be started and carried out only in case of the consent of the person who applied with the appropriate petition to the competent state bodies of our country. At the same time, the state must agree with this person's initiative and satisfy it, provided that there are no obstacles.
The main condition for the possibility of terminating the citizenship of Ukraine by withdrawing from it is the fact of a citizen's permanent residence abroad, formalized in accordance with the current legislation of Ukraine. Thus, a citizen leaving Ukraine for permanent residence must first go through the procedure for leaving for permanent residence, and after moving to the country of subsequent residence, register with the consular office of Ukraine, otherwise the subsequent termination of Ukrainian citizenship by leaving it will be quite difficult. Simply put, in this case, you will have to return to Ukraine to complete this procedure.
If you decide to terminate Ukrainian citizenship by renouncing it, you should apply to the diplomatic mission or consulate of Ukraine in the country of your permanent residence with an application for renouncing Ukrainian citizenship, to which you must attach:
- two photographs 35 x 45 mm; - a copy of the Ukrainian passport with a mark of leaving for permanent residence abroad; - a document confirming that you have acquired the citizenship of another country or a document confirming that you will acquire the citizenship of another country if you renounce Ukrainian citizenship.
The services of Ukrainian diplomatic missions and consulates for receiving and reviewing your documents on renunciation of Ukrainian citizenship are paid, and therefore you will need to attach a receipt for payment of consular services to the above documents.
Keep in mind that the procedure for renouncing Ukrainian citizenship for children is distinguished by a list of conditions arising from a number of circumstances.
In turn, the diplomatic mission or consulate within one month is obliged to consider the submitted documents on renunciation of the citizenship of Ukraine, and return them to eliminate the shortcomings or prepare an opinion on the possibility of satisfying the application, as well as send them to the Ukrainian Ministry of Foreign Affairs. Further, the Ministry of Foreign Affairs within a month must return the documents for revision or approve the conclusion of the diplomatic mission or consular institution and send the documents to the Commission under the President of Ukraine on Citizenship Issues. In total, Ukrainian legislation, in case it is necessary to finalize documents and the time of their transfer, for diplomatic missions and consulates of Ukraine has established a general eight-month period for processing citizens' applications for renunciation of Ukrainian citizenship. In turn, the Commission under the President of Ukraine on Citizenship within one year is obliged to consider the received applications of citizens for renunciation of Ukrainian citizenship and submit proposals to the President of Ukraine on the adoption of appropriate decisions.
The procedure for the loss of Ukrainian citizenship is initiated and applied unilaterally by authorized state bodies in the following cases:
- voluntary acquisition by an adult citizen of Ukraine of citizenship of another state; - acquisition by a person of citizenship of Ukraine on the basis of Art. 9 of the Law of Ukraine "On Citizenship of Ukraine" as a result of deception, deliberate provision of false information or forged documents; - voluntary entry into the military service of another state, which, in accordance with the legislation of this state, is not military duty or alternative (non-military) service.
At the same time, in the first and third cases, the procedure for the loss of Ukrainian legislation is not applied if a citizen of Ukraine becomes a stateless person.
The term for the termination of Ukrainian citizenship by way of its loss is similar to the term during which the withdrawal from Ukrainian citizenship is formalized.
Unlike the procedure for renouncing Ukrainian citizenship, the procedure for losing Ukrainian citizenship is free.
In addition, the process of loss of Ukrainian citizenship, as opposed to withdrawal from it, can be initiated both by Ukrainian diplomatic missions and consulates outside our state, and by the SMS units on the territory of Ukraine.
In both the first and second methods, Ukrainian citizenship is considered terminated from the date of the issuance of the corresponding decree by the President of Ukraine.
Analyzing the above procedures for the termination of Ukrainian citizenship, it can be argued that the loss of citizenship will be the least troublesome. At the same time, the fact that, in its essence, this procedure is initiated by the state, absolutely does not prevent you from using it. It is enough to notify the diplomatic mission, consulate of Ukraine or a subdivision of the SMS of Ukraine in writing that you have grounds for the loss of Ukrainian citizenship and provide documents confirming your voluntary acquisition of the citizenship of another state. In turn, these state bodies, by virtue of the requirements of the legislation, are obliged to initiate the termination of your Ukrainian citizenship.
In any case, the choice of one or another procedure for terminating Ukrainian citizenship depends on your goals, timing, funds and current circumstances. Despite the existing differences in the essence of the described procedures, they lead to a general result.
Remember, using the legal services of a specialist, you can significantly simplify your path to the termination of Ukrainian citizenship.
