One of the most urgent problems of modern political life is citizenship.International policy aims to eliminate apatridstvo to protect human rights and freedoms.However, travel, marriage, birth of children require an adjustment on this issue.For many the question arises as to renounce citizenship, and can it be done?This article will try to give a legal response to the example of Ukraine.
citizenship of Ukraine Citizenship
called the special political and legal relationship existing between the citizen and the state, which are expressed in specific civil rights and, of course, obligations.So, one of the duties of a citizen - to give military duty, that is, serve in the army of the state.The rights include the ability to participate in the election of representatives of the authorities, to nominate its own candidate for deputy of the local or central government or the presidency.Ukrainian citizenship is acquired by birth, territorial origin (residence in the territory of Ukraine in different times, parents, grandparents) or taken subjects of another state under a special procedure.Dual citizenship is not recognized by law.In this case, we are interested in the question of how to give up the citizenship of Ukraine.
International law on nationality
United Nations regulates basic human rights.These include the right to a nationality.No one can be deprived of it - says the first position.The second tells us that we can not deny a person to change citizenship.The state may not interfere and should be through legislation to regulate this process.The Law of Ukraine "On Citizenship" contains several articles are ordered out of the citizenship of the state.But in practice, many have doubts whether it is possible to give up Ukrainian citizenship quickly and without delay, especially in light of recent events.What do I need to take, where to go?
categories of persons for which is possible to renounce the citizenship of Ukraine
first category of persons who have reason to renounce the citizenship of Ukraine, including those who reside in another country for a long time.The second category consists of a wide range of children.The circumstances may be different, but in any case, you must petition the parents or one of them.It removals, adoptions by foreign nationals.One important caveat: children from 14 to 18 years old must personally express acceptance of the petition of parents.Also giving up Ukrainian citizenship indigénat satisfied upon receipt of a State, or at least the documents confirming his receipt after giving up Ukrainian citizenship.
legal grounds for dissatisfaction with petitions for renunciation of citizenship of Ukraine
Public authorities may reject an application for renunciation of citizenship in the following situations:
- person who applied, subject to criminal investigation as a defendant;
- applicant convicted Ukrainian court, which must be carried out;
- petitioner due to the loss of citizenship would be stateless, ie natural person without citizenship;in accordance with international standards, this should be avoided in public policy.
deprivation of citizenship of Ukraine
law provides for situations in which the important question is not how to renounce the citizenship of Ukraine, because you will be deprived of his authorities.In some cases, it can happen?First, upon the voluntary acquisition of citizenship of another state.It is important to know that the only person in the special treatment of foreign state with a request to move to a different nationality and his appreciation refers to this position.Acquisition of citizenship by adoption, marriage in this case is not considered.Secondly, obtaining Ukrainian citizenship by fraud or forged documents.And the third - the voluntary service in the army of another state (except for mandatory and alternative).It is clear that the automatic loss of citizenship does not occur.If you have complied with some of these conditions, but the migration or the diplomatic service had not filed a motion to dismiss the president of citizenship, officially you are still a carrier of the rights and duties of a citizen of Ukraine.
Documents required for renunciation of citizenship
So, go to practice and understand how to renounce citizenship of Ukraine with the least expenditure of energy, lowering running around in various instances.It is necessary to pre-assemble a package of documents, which will include:
- own written statement in duplicate;
- size photographs of thirty-five to forty-five millimeters (two);
- copy of the passport of Ukraine or Soviet passport with a note on the outskirts of the state for permanent residence;
- a certificate of permanent residence abroad.
also need to provide proof of citizenship of another state or a statement about the possibility of receiving it after the liquidation procedure of Ukrainian citizenship.
Making refusal of citizenship to a child
the question of how to give up Ukrainian citizenship to a child, there are important nuances in the preparation of documents.The special service should be submitted:
- certified copy of birth certificate;
- document confirming the presence of a minor Ukrainian citizenship;
- document that can attest to the acquisition of another citizenship or confirm the readiness of the special services of other states to resolve positively the question of his reception after renounce citizenship of Ukraine will be able to;
- application child from 14 to 18 years with the request for withdrawal of political and legal ties with the state;
- document confirming the departure of the child abroad on a permanent basis;
- petition parents.
president's decision put an end to your business
authorities, decision-makers on how to receive and loss of nationality, are a special commission under the President of Ukraine and the president himself.First check the correctness of the legal documents, liaising with local authorities, diplomatic agencies on the issue of registration forms.The president issued a decree making in the political and legal sphere of a special relationship with the state or the termination thereof.The problem is that even if you know how to give up Ukrainian citizenship and the right to execute all documents, to provide the necessary help, without the decree of the president in your legal status will not change anything.
examples of people who have submitted an application for renunciation of citizenship still in the 90s, well in that time have moved on a permanent basis in another State, not only receive foreign citizenship, but have not received a refusal from the Ukrainian citizenship, rathera lot of.In connection with the political events of the year there was even more pitfalls and misunderstandings on this issue.
question of indigénat 2014
How to renounce citizenship of Ukraine in 2014?This question has become quite important for a large number of citizens of Ukraine in connection with the simplified procedure for obtaining Russian citizenship, entered the twenty-first of April this year.Provides that any person living in Russia or having immediate family, who lived on its territory, that State will receive indigénat without requiring a permanent stay in Russia for 5 years.The only condition would be the command of the Russian language as their mother tongue.This is not about testing for literacy, for example, the type of examination, and of the interview, which is to establish the free use of language in a speech in everyday life.But all is not simply added to those wishing to change citizenship.That is to receive Russian citizenship has become easier.But to give up Ukrainian citizenship, if it is decided that this move will not entail the termination of citizenship?Some say, "Oh well! The main thing is to get Russian citizenship. The rest does not matter!"This is not quite true.After all, Ukraine considers you as his subject, imposing certain obligations on you.Many Ukrainians are afraid to go home in this environment because they can be immediately called up.It is therefore important that legally it was all well decorated.
Crimea
transition of Crimea in structure of Russia also gave rise to many misunderstandings in the issue of citizenship.Most of the inhabitants of the peninsula had Ukrainian citizenship.Since it is now the territory of Russia, the Russian government made a decision to mass law conferring citizenship to all inhabitants of Crimea of the Russian Federation.All anything, but the population was in a difficult situation.Firstly, the Kiev authorities do not recognize the "annexation" of the peninsula, which means that the population is considered its citizens.On the other hand, the citizenship of Ukraine does not allow permanent residence on the territory of Russia without obtaining necessary additional documents, such as a residence permit.
All those wishing to save Ukrainian citizenship during the month were asked to contact the special services for non-Russian citizenship.Officially announced that three and a half thousand people have done it.However, some time later at the Crimean question may arise as to renounce citizenship of Russia now, if time does not write a statement to the migration service.The procedure in this case will be a standard, based on the Russian law "On citizenship".
