Multiple citizenship – analyzing the provisions of Law No. 4502-IX

Multiple citizenship

Multiple citizenship (nationality) is when a person belongs to the citizenship (nationality) of two or more states at the same time.

A Ukrainian citizen is recognized as having citizenship of another state in the following cases:

1. A child acquired citizenship of Ukraine and another state at birth;
2. A child who is a citizen of Ukraine acquired the citizenship of foreigners after being adopted by them;
3. A citizen of Ukraine automatically acquired another citizenship as a result of marriage to a foreigner;
4. A citizen of Ukraine who has reached the age of 18 automatically acquired another citizenship if such a citizen of Ukraine did not receive a document confirming his or her citizenship of another state;
5. Foreigners acquire Ukrainian citizenship under a simplified procedure;
6. A citizen of Ukraine acquires the citizenship of a state whose citizens can acquire Ukrainian citizenship under a simplified procedure.

In other words, these are cases where both Ukrainian citizenship and the citizenship of another country are permitted simultaneously.

Acceptance into Ukrainian citizenship

A foreigner or stateless person may, upon their application, be admitted to Ukrainian citizenship under certain conditions:

• recognition and observance of the Constitution of Ukraine and laws (this condition does not apply to persons recognized by a court as legally incompetent, as well as persons with mental disorders, as confirmed by a medical opinion);
• knowledge of the basics of the Constitution of Ukraine;
• knowledge of the basics of Ukrainian history;
• proficiency in the Ukrainian language at the appropriate level;
• continuous residence in Ukraine for the last 5 years (there are exceptions for those who have been or are married to a Ukrainian citizen for more than 3 years; for contract soldiers of the Armed Forces of Ukraine, the National Guard, and the State Special Transport Service; for those who have an immigration permit, asylum in Ukraine, for refugees in Ukraine; for Ukrainians abroad);
• immigration permit (does not apply to refugees and persons who have been granted asylum in Ukraine; to contract soldiers of the Armed Forces of Ukraine, the National Guard, and the State Special Transport Service who are serving or have served, or who have obtained a residence permit in Ukraine on certain grounds);
• legal sources of livelihood (this condition does not apply to refugees or persons who have been granted asylum in Ukraine; to servicemen of the Armed Forces of Ukraine, the National Guard, the State Special Transport Service, who have been awarded a state award of Ukraine; to persons who have rendered outstanding services to Ukraine; former contract soldiers of the Armed Forces of Ukraine, the National Guard, and the State Special Transport Service; persons whose admission to Ukrainian citizenship is in the national interest of Ukraine; persons who have obtained a temporary residence permit on certain grounds).

Who is not eligible for Ukrainian citizenship?

At the same time, the law sets certain restrictions for those who may pose a threat to the security, order, or interests of the country. Therefore, there are categories of persons who may be denied Ukrainian citizenship, in particular:

• a person convicted in Ukraine for committing a serious or particularly serious crime (until the expiry or removal of the criminal record), taking into account the level of threat to the national security of the state;
• persons who have committed acts on the territory of another state that are recognized by the Criminal Code of Ukraine as serious or particularly serious crimes (this condition does not apply, in particular, to servicemen of the Armed Forces of Ukraine; persons who provided instructional assistance to units of the Armed Forces of Ukraine; persons who have rendered outstanding services to Ukraine or whose admission to Ukrainian citizenship is in the national interest of Ukraine (participated in repelling and deterring the armed aggression of the Russian Federation against Ukraine, etc.);
• persons who, through their unlawful actions, pose or have posed a threat to the national security of Ukraine.

Simplified procedure for acquiring Ukrainian citizenship

The Cabinet of Ministers of Ukraine will approve the procedure and list of countries whose citizens will be able to obtain Ukrainian citizenship under a simplified procedure. When determining such countries, the following will be taken into account:

• whether the country is a member of the European Union;
• whether it applies sanctions in connection with armed aggression against Ukraine.

The simplified procedure for acquiring Ukrainian citizenship consists of submitting a declaration of recognition as a citizen of Ukraine when acquiring Ukrainian citizenship. Compliance with the above conditions for admission to citizenship (including passing exams on the basics of the Constitution of Ukraine, the history of Ukraine, and the level of proficiency in the state language) will be taken into account.

Conclusion

Law No. 4502-IX regulates cases of recognition of foreign citizenship without loss of Ukrainian citizenship. It provides for the right of foreigners to acquire Ukrainian citizenship in a simplified manner, subject to certain conditions.

Multiple citizenship can help strengthen ties with the diaspora, encourage emigrants to return, attract investment, and promote international partnerships.