The issue of renunciation of foreign citizenship and obtaining Ukrainian citizenship is important for many dual nationals. Recently, Ukrainian courts have been considering this issue with particular attention. In this article, we will review a decision of an administrative court concerning the renunciation of foreign citizenship and acquisition of Ukrainian citizenship.

PERSON_1 brought the case before the Khmelnytskyi District Administrative Court. PERSON_1 wished to renounce her russian citizenship and acquire Ukrainian citizenship. She had already submitted an application to the relevant authorities of the foreign state to terminate her foreign citizenship. However, due to the suspension of the work of the russian embassy in Ukraine, she received a response from the Ministry of Foreign Affairs of the russian federation by letter dated 29.09.2022 No. 25986/kd-gr, informing the plaintiff that, given the suspension of the activities of russian foreign institutions in Ukraine, no decision had been made on her application for renunciation of russian citizenship. After receiving the response, the plaintiff submitted a declaration of renunciation of foreign citizenship and an application for a Ukrainian passport to the Central Interregional Department of the State Migration Service of Ukraine in Kyiv and Kyiv Oblast.

Subsequently, the Central Interregional Department of the State Migration Service of Ukraine in the city of Kyiv and Kyiv region informed the plaintiff that it refused to accept her declaration of renunciation of Russian citizenship instead of a document from an authorised body of the russian federation on the termination of russian citizenship.

Disagreeing with this decision, the plaintiff appealed to the court to challenge the refusal.

THAT THE LAW ESTABLISHES:

The legal content of Ukrainian citizenship, the grounds and procedure for its acquisition and termination, the powers of state authorities involved in resolving issues of Ukrainian citizenship, the procedure for appealing decisions on citizenship, actions or inaction of state authorities, their officials and employees are determined by the Law of Ukraine of 18 January 2001 No. 2235-III "On Citizenship of Ukraine" (hereinafter - Law No. 2235-III).

According to the provisions of Article 1 of this Law, citizenship of Ukraine is a legal connection between an individual and Ukraine, which is manifested in their mutual rights and obligations.

According to paragraph 4 of part one of Article 3 of Law No. 2235-III, citizens of Ukraine are persons who have acquired Ukrainian citizenship in accordance with the laws of Ukraine and international treaties of Ukraine.

Paragraph 2 of part one of Article 6 of this Law establishes that Ukrainian citizenship is acquired by territorial origin, and Article 8 defines that a person (foreigner or stateless person) who is himself or herself or at least one of his or her parents or his or her grandparents, great-grandparents or his/her siblings (full and half) brother or sister, son or daughter, grandson or granddaughter were born or permanently resided before 24 August 1991 in the territory that became the territory of Ukraine in accordance with the Law of Ukraine "On the Succession of Ukraine", or who himself/herself or at least one of his/her parents or his/her grandparents great-grandparents, or his/her siblings (full and half) were born or permanently resided in other territories that were part of the Ukrainian People's Republic, the Western Ukrainian People's Republic at the time of their birth or during their permanent residence, Ukrainian State, Ukrainian Socialist Soviet Republic, Transcarpathian Ukraine, Ukrainian Soviet Socialist Republic (USSR), as well as their minor children have the right to acquire Ukrainian citizenship by territorial origin.

In order to obtain Ukrainian citizenship in accordance with the established procedure, a stateless person shall submit together with an application (petition) for Ukrainian citizenship: a declaration of absence of foreign citizenship; a foreigner - an obligation to terminate foreign citizenship.

Foreigners holding citizenship (nationality) of several states shall submit an obligation to terminate citizenship (nationality) of all these states.

Pursuant to Article 1, paragraph 12 of Law No. 2235-III, an obligation to terminate foreign citizenship is a written statement by a foreigner that in case of acquiring Ukrainian citizenship, he/she will terminate citizenship (nationality) of another state or citizenships (nationalities) of other states and, within two years from the date of acquiring Ukrainian citizenship, will submit a document on termination of citizenship (nationality) of another state or citizenships (nationalities) of other states to the authority that issued him/her a temporary certificate of Ukrainian citizenship.

Taking into account the above, the plaintiff is obliged to terminate her foreign citizenship and submit a document on termination of foreign citizenship issued by the authorised body of the relevant state to the authorised body of Ukraine within two years from the date of acquisition of citizenship.

According to Article 1, paragraph 13, of Law No. 2235-III, the reason for not receiving a document on the termination of foreign citizenship (nationality) independent of the person is the failure of the authorised body of the state of his/her citizenship (nationality) to issue a document on the termination of citizenship (nationality) to a person whose application for termination of foreign citizenship (nationality) was accepted by the authorised body of such state within the period established by the legislation of the foreign state (except in cases where the person was denied termination of citizenship (nationality) or within two years from the date of the application).

Paragraph 119 of the Procedure for Proceedings on Applications and Petitions on Citizenship of Ukraine and Execution of Decisions, approved by Presidential Decree No. 215 of 27 March 2001, provides that persons who have acquired Ukrainian citizenship and undertaken to terminate their foreign citizenship are issued temporary certificates of Ukrainian citizenship. After these persons submit a document on the termination of foreign citizenship or a declaration of renunciation of foreign citizenship in accordance with the procedure established by law, they are issued passports of a citizen of Ukraine or passports of a citizen of Ukraine for travelling abroad instead of temporary certificates of a citizen of Ukraine, depending on their place of residence.

The case file shows that the plaintiff filed an application for renunciation of citizenship with the Russian Federation Embassy.

According to a certificate of the Embassy of the russianfederation in Ukraine dated 22.11.2021, PERSON_1's application for renunciation of russian citizenship was accepted for consideration in accordance with the legislation of the russian federation and registered under No. 269100475. The consular fee of UAH 1820.00 has been paid.

A COURT DECISION:

The court's decision was to partially satisfy the claim. 

The court declared unlawful the refusal of the Central Interregional Department of the State Migration Service of Ukraine in Kyiv and Kyiv Region, set out in letter No. G-626/6/8010-23/8010.4.2/1375-23 dated 20.04.2023, to accept PERSON_1's declaration of renunciation of foreign citizenship and issue a passport of a citizen of Ukraine.

In addition, the court ordered the Central Interregional Department of the State Migration Service of Ukraine in Kyiv and Kyiv Oblast to reconsider PERSON_1's application for acceptance of the declaration of renunciation of foreign citizenship and issuance of a passport of a citizen of Ukraine and to consider it taking into account the legal assessment provided by the court in its decision.

COMMENT:

In this case, we can see that the court concluded that the Central Interregional Department of the SMS in Kyiv and Kyiv Oblast had indeed violated the plaintiff's rights.

The court, having considered all the materials and taking into account the legal analysis of the situation and the decision, concluded that the decision to refuse was indeed unlawful.

Therefore, if you believe that your rights and freedoms have been violated by the Migration Service or any other government agency, do not lose faith. It is worth contacting EVROVECTOR Law Firm for advice on how to establish legal justice and violation of your legal rights.