One of the most pressing issues of modern political life is citizenship. International politics aims to eliminate statelessness in order to protect human rights and freedoms. But moving, marriages, births of children require making adjustments to this issue. Many people have a question, how to renounce citizenship and can this be done? In this article we will try to give a legal answer on the example of Ukraine.
Citizenship of Ukraine
Citizenship is called the special political and legal relations that exist between a citizen and the state, which are expressed in specific civil rights and, of course, obligations. So, one of the duties of a citizen is to give up military duty, that is, to serve in the army of his state. Rights include the opportunity to participate in the election of government representatives, as well as to nominate one's own candidacy for deputies of local or central authorities or for president. Ukrainian citizenship is acquired by birth, territorial origin (parents, grandparents, residing in Ukraine at different times) or is accepted by citizens of another state according to a special procedure. Dual citizenship is not recognized by law. In this case, we are interested in the question of how to renounce citizenship of Ukraine.
International Citizenship Law
The United Nations governs fundamental human rights. The right to citizenship also applies to them. No one can be deprived of it, says the first position. The second tells that it is impossible to refuse a person to change citizenship. The state cannot obstruct and must legislatively regulate this process. The Law of Ukraine "On Citizenship" contains several articles that streamline the exit from citizenship of a given state. But in practice, many have doubts as to whether it is possible to renounce citizenship of Ukraine quickly and without delay, especially in light of recent events. What needs to be done, where to go?
Categories of persons for which the exit from citizenship of Ukraine is possible
The first category of persons having reason to renounce citizenship of Ukraine includes those who permanently reside in the territory of another state for a long time. The second category consists of a wide range of children. The circumstances may be different, but in any case, the petition of the parents or even one of them is necessary. These are cases of relocation, adoption by foreign citizens. One important nuance: children from 14 to 18 years must personally agree with the request of the parents. Also, renunciation of Ukrainian citizenship is satisfied upon receipt of the indigenate of another state or at least documents confirming its receipt after renunciation of Ukrainian citizenship.
Legal grounds for dissatisfaction with a request for withdrawal from citizenship of Ukraine
State authorities may reject a renunciation of citizenship in the following situations:
- the person who filed the application was brought to the criminal investigation as an accused;
- the applicant has been convicted by the Ukrainian court, which must be carried out;
- as a result of loss of citizenship, the applicant will become a stateless person, that is, a stateless individual; in accordance with international standards, this must be avoided in public policy.
Deprivation of citizenship of Ukraine
The law provides for situations in which the question of how to renounce citizenship of Ukraine is no longer important, because you will be deprived of it by authorized bodies. In what cases can this happen? Firstly, with the voluntary acquisition of citizenship of another state. It is important to know that only a person’s appeal to special missions of another state with a request for transfer to another citizenship and his satisfaction refers to this provision. Acquisition of citizenship as a result of adoption, marriage is not considered in this case. Secondly, obtaining citizenship of Ukraine through deception and false documents. And the third is voluntary service in the army of another state (except for mandatory and alternative). It is clear that automatically loss of citizenship does not occur. If you have complied with some of the above conditions, but the migration or diplomatic service has not filed an application for termination of citizenship to the president, then officially you are still the bearer of the rights and duties of a citizen of Ukraine.
Documents required for renunciation of citizenship
So, let's get to practice and understand how to renounce citizenship of Ukraine with the least expenditure of energy, omitting running around at various levels. It is necessary to collect a package of documents in advance, which will include:
- handwritten statement in duplicate;
- photographs measuring thirty-five by forty-five millimeters (two pieces);
- a copy of a Ukrainian passport or Soviet passport with a note on leaving the state for permanent residence;
- certificate of permanent residence abroad.
It is also necessary to provide a document confirming the acquisition of citizenship of another state or a certificate of the possibility of obtaining it after the procedure for eliminating citizenship of Ukraine.
Registration of renunciation of citizenship to a child
On the question of how to renounce Ukrainian citizenship to a child, there are important nuances in the preparation of documents. In special services you must submit:
- a certified copy of the birth certificate of the child;
- a document confirming the presence of a minor Ukrainian citizenship;
- a document that can attest to the acquisition of another citizenship or confirm the willingness of the special services of another state to positively resolve the issue of obtaining it after it is possible to renounce the citizenship of Ukraine;
- statement of a child from 14 to 18 years old with a request to deprive of political and legal communication with the state;
- a document confirming the child’s departure abroad on a permanent basis;
- petition of parents.
President’s decision will put an end to your business
The authorities that make decisions on obtaining and withdrawing from citizenship are the special commission under the President of Ukraine and the President himself. The first checks the legal correctness of filling out documents, liaises with local authorities, diplomatic services on the issue of filling out forms. The president issues decrees on the adoption in the political and legal sphere of special relations with the state or on the termination of such. The problem is that even if you know how to renounce the citizenship of Ukraine, and correctly draw up all the documents by providing the necessary certificates, without this decree of the president, nothing will change in your legal status.
There are a lot of examples of people who applied for renunciation of citizenship back in the 90s, safely moved to another state during this time on a permanent basis, not only accepted foreign citizenship, but never received renunciation of citizenship of Ukraine. In connection with the political events of this year, even more pitfalls and misunderstandings arose in this matter.
Question about indigenate in 2014
How to renounce citizenship of Ukraine in 2014? This issue has become quite important for a large number of residents of Ukraine in connection with the simplification of the procedure for obtaining Russian citizenship, introduced on April 21 this year. It is envisaged that any person living in Russia or having immediate family members who lived on its territory will receive the indigenate of this state without a mandatory permanent stay in Russia for 5 years. The only condition will be proficiency in Russian as a native language. This is not about literacy testing, for example, according to the type of exam, but about an interview, which should establish the free use of the language in speech in everyday life. But not everything is so simple for those wishing to change citizenship. That is, getting Russian citizenship has become easier. But how to renounce the citizenship of Ukraine if she decided that this step would not entail the termination of citizenship? Some say: "Well, okay! The main thing is that they have received Russian citizenship. And the rest does not matter!" This is not entirely true. After all, Ukraine considers you as its subject, imposing certain responsibilities on you. Many Ukrainians are afraid to return home in this setting, because they can be immediately drafted into the army. Therefore, it is important that everything is legally formatted correctly.
Crimea
The transition of Crimea to Russia also generated many misunderstandings on the issue of citizenship. Most of the inhabitants of this peninsula had Ukrainian citizenship. Since now it is the territory of Russia, the government of the Russian Federation adopted a decision on the massive legal appropriation of citizenship of the Russian Federation to all residents of Crimea. Everything would be fine, but the population was in a difficult situation. Firstly, the Kiev authorities do not recognize the "annexation" of the peninsula, which means that they consider the population their citizens. On the other hand, the citizenship of Ukraine does not allow permanent residence on the territory of Russia without drawing up the necessary additional documents, such as a residence permit.
All who wanted to maintain Ukrainian citizenship within a month were invited to contact special services to renounce Russian citizenship. It has been officially announced that three and a half thousand people have done this. Nevertheless, after some time Crimeans may have a question how to renounce Russian citizenship now if they did not write a statement to the migration service in time. In this case, the procedure will be standard, based on the Russian law "On Citizenship".