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Citizenship of Ukraine in accordance with international treaties

02.12.2021

Registration of Ukrainian citizenship by citizens of Belarus, Tajikistan and Kyrgyzstan on the basis of international treaties

One of the grounds for acquiring citizenship in a simplified manner (that is, acquiring citizenship within three months) are the grounds provided for by international treaties of Ukraine. An international treaty is an agreement between states that regulates one or another significant issue. The current international treaties of Ukraine, the consent to be bound by which was provided by the Verkhovna Rada of Ukraine, are part of the national legislation and are applied in the same manner provided for the norms of national legislation. If an international treaty of Ukraine establishes rules other than those provided for in the laws of Ukraine, then the rules of the international treaty are applied.

At the moment, there are international treaties signed with Kyrgyzstan, Tajikistan and Belarus. It:

Agreement between Ukraine and the Kyrgyz Republic on a simplified procedure for changing citizenship by citizens of Ukraine who permanently reside in the Kyrgyz Republic and citizens of the Kyrgyz Republic who permanently reside in Ukraine, and to prevent cases of statelessness and dual citizenship (effective date 07/01/2006) ;
Agreement between Ukraine and the Republic of Tajikistan on a simplified procedure for changing citizenship by citizens of Ukraine who permanently reside in the Republic of Tajikistan and citizens of the Republic of Tajikistan who permanently reside in Ukraine (effective date 19.04.2003);
Agreement between Ukraine and the Republic of Belarus on a simplified procedure for changing citizenship by citizens of Ukraine who permanently reside in the Republic of Belarus and citizens of the Republic of Belarus who permanently reside in Ukraine (effective date: 08.04.2000).
These international treaties are aimed at simplifying the procedure for acquiring citizenship by citizens of the above countries. It should be noted that these agreements are not the only normative acts that contain norms on the acquisition of citizenship by citizens of the states with which they are concluded. That is, the grounds established by the laws of Ukraine also apply to these foreigners.

What is stipulated by these agreements and what is the simplification?

One of the features of acquiring citizenship under the legislation of Ukraine is the submission by a foreign applicant of an obligation to terminate foreign citizenship in case of acquiring Ukrainian citizenship. Thus, a foreign applicant, within two years from the moment of acquiring the citizenship of Ukraine, is obliged to submit a document on the termination of citizenship (citizenship) of another state or citizenship (citizenship) of other states to the migration service, which issued him a temporary certificate of a citizen of Ukraine.

If we talk about the peculiarities of acquiring citizenship established in international treaties, then a foreign applicant is not obliged to do anything in this vein. According to the agreements, within ten days after the registration of the acquisition of the citizenship of Ukraine by the foreigner, the migration service issues him a document confirming the acquired citizenship, withdraws the document confirming the citizenship of Kyrgyzstan, Tajikistan or Belarus, and sends this document through diplomatic channels to these states along with a message about the fact of registration of the acquisition of citizenship Ukraine indicating its date. The competent authorities of these states, within two months after receiving notification of the acquisition of the citizenship of Ukraine by a foreigner, draw up the termination of their citizenship and inform Ukraine about it. The date of registration of the acquisition of Ukrainian citizenship will be the date of termination of the citizenship of Kyrgyzstan, Tajikistan or Belarus.

International treaties also establish additional grounds for acquiring citizenship.

Thus, citizens of Kyrgyzstan and Tajikistan who permanently reside in the territory of Ukraine legally can also apply for citizenship in the following cases:

a) if the applicant or at least one of his parents (adoptive parents), grandfather or grandmother was born or permanently resided legally on the territory of Ukraine;

b) if at least one of the close relatives of the applicant permanently resides legally on the territory of Ukraine and is its citizen. Close relatives are a spouse, one of the parents (adoptive parents), a child (including an adopted child), sister, brother, grandfather or grandmother, grandson (granddaughter).

The permanent residence of the applicant in Ukraine on legal grounds means the residence of a foreigner in Ukraine who has a permanent residence permit in Ukraine in the passport of a citizen of the former USSR of 1974, or has a permanent residence permit in Ukraine, or has been granted refugee status or asylum in Ukraine. …

At the same time, there are no requirements for the applicant regarding the duration of his residence on the territory of Ukraine.

People cannot apply for Ukrainian citizenship

itza that:

a) committed crimes against humanity or committed genocide, or committed crimes against the state or grave crimes against the person;

b) sentenced to imprisonment - until the conviction has been cleared;

c) are under investigation or avoid punishment or have committed crimes on the territory of Ukraine or the country of their citizenship, or a third state;

d) are in the citizenship of other states.

With regard to the citizens of Belarus, the agreement does not contain any additional grounds for acquiring citizenship: it has been established that they receive citizenship in accordance with the national legislation of Ukraine.

To obtain citizenship by citizens of Tajikistan, the following are submitted:

application form;
three photographs;
a document confirming the existence of grounds for obtaining citizenship;
a document confirming permanent residence on a legal basis on the territory of Ukraine;
a document on military service or on exemption from military service (regarding persons of draft age).
To obtain citizenship by citizens of Kyrgyzstan, the following are submitted:

application form;
three photographs;
a document confirming the existence of grounds for obtaining citizenship;
a document confirming permanent residence on a legal basis on the territory of Ukraine;
a copy of the document that confirms belonging to the citizenship of Kyrgyzstan.
It should be noted that issues that are not regulated by international treaties are governed by the national legislation of the parties to the contract.

Lawyer

LLC "STATUS CO"

Yakubova Sevinj

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