Law on Ukrainian Citizenship (2001)

Pursuant to the Constitution of Ukraine (254k/96-VR), this Law determines the legal contents of Ukrainian citizenship, reasons for and procedures of granting and stripping of citizenship, jurisdiction of bodies of state authority dealing with various aspects of Ukrainian citizenship, procedures of legally contesting decisions relating to citizenship, actions or non-feasance on the part of bodies of state authority and their officials.

CHAPTER I. GENERAL PROVISIONS

Article 1. Definitions

The following definitions shall apply in the context of this Law:

- Ukrainian citizenship: legal connection between a given physical person and Ukraine in terms of mutual rights and obligations;

- person: physical person;

- citizen of Ukraine: a person granted Ukrainian citizenship in keeping with procedures established by the laws of Ukraine and international agreements to which Ukraine is a party;

- foreigner: a person that does not have Ukrainian citizenship and is a citizen (subject) of a different country or countries;

- stateless person: a person not considered by any country as that country's citizen under that country's legislation;

- legal representatives: parents, adopters, fosterers, guardians, custodians, and officials of institutions empowered to act as guardians;

- minor: a person under 18 years of age;

- registration of Ukrainian citizenship: entering the fact of a person receiving Ukrainian citizenship in books and records by a specially designated authority;

- residing in Ukraine on lawful grounds: a foreigner's or stateless person's stay in Ukraine in possession of an old Soviet passport in 1974 format marked to the effect that the bearer is permanently or temporarily registered in the territory of Ukraine, or in possession of a foreign passport duly registered in Ukraine, or a certificate allowing permanent or temporary residence in the territory of Ukraine, or if a given person has the refugee status or is granted asylum in Ukraine;

- continuous [uninterrupted] residence in Ukraine: residence in Ukraine of a person that has made a private trip abroad lasting not longer than 90 days, and if the number of such trips during the year does not exceed 180 days. Business trips abroad, for study, on a leave of absence, for medical treatment as recommended by a medical institution, or changing address in Ukraine shall not regarded as breaches of the continuous residence clause;

- obligation to terminate foreign citizenship: foreigner's written statement to the effect that, when granted Ukrainian citizenship, he/she will terminate his/her original citizenship and, within a year from the date of receiving Ukrainian citizenship, will submit a document, attesting to the termination of that other citizenship, to the authority that granted him/her temporary Ukrainian citizenship;

- failure to receive a document attesting to the termination of foreign citizenship due to reasons beyond a given person's control: failure of a person submitting a request for termination of foreign citizenship to receive a document attesting to such termination within the time-limit established by that country (except when a person is refused termination of citizenship) or in the absence of foreign legal procedures of terminating citizenship as requested by citizens, or if the termination procedures are too expensive, surpassing the living wage effective in Ukraine;

- legitimate sources of subsistence: wages and salaries, incomes from business or property, pension, stipend/scholarship, alimony, social payments and aid, savings or financial aid from members of the family, other physical and juridic persons having lawful sources of income;

- international law to which Ukraine is a party: an international treaty ratified by the Verkhovna Rada of Ukraine;

- declaration of expatriation: a document in which a given person attests to his/her expatriation and undertakes not to exercise the rights of that other country and not to carry out any obligations in conjunction with that country's citizenship;

- declaration of the absence of foreign citizenship: a document in a which a given person testifies to the absence of foreign citizenship, motivating this absence;

- Ukrainian citizenship certificate: a document attesting to Ukrainian citizenship of the bearer aged under 16 and specifying the grounds on which this citizenship was granted;

- temporary Ukrainian citizenship certificate: a document attesting to the bearer's identity as a citizen of Ukraine.

Article 2. Principles of Ukrainian Legislation

Concerning Citizenship

Ukrainian legislation concerning citizenship relies on the following principles:

(1) single citizenship, namely Ukrainian citizenship, ruling out the possibility of citizenship of political subdivisions of the territory of Ukraine; if a citizen of Ukraine becomes a citizen of any other country or countries, the Ukrainian law shall recognise that citizens only as a Ukrainian subject; if a foreign citizen receives Ukrainian citizen, the Ukrainian law shall recognise that citizen as a Ukrainian subject;

(2) prevention of statelessness;

(3) impossibility of Ukrainian citizens being deprived of Ukrainian citizenship;

(4) recognition of the Ukrainian citizen's right to change citizenship;

(5) impossibility of a foreign subject or stateless person automatically becoming a citizen of Ukraine after marrying a Ukrainian citizen or of a Ukrainian citizen's wife (husband) becoming a Ukrainian citizen, or either of the spouses being a Ukrainian citizen automatically losing Ukrainian citizenship after divorce or if the other spouse terminates his/her Ukrainian citizenship;

(6) equality of Ukrainian citizens before the law, regardless of why, how or when they became citizens of Ukraine;

(7) retention of Ukrainian citizenship regardless of the place of residence.

Article 3. Ukrainian Nationality

The following shall be citizens of Ukraine:

(1) all citizens of the former USSR that were permanent residents of Ukraine on the date of proclamation of its independence (August 24, 1991);

(2) persons regardless of race, colour, political, religious and other persuasions, sex, ethnic and social origin, property status, place of residence, language or other distinctions, which persons lived in Ukraine and were not foreign subjects on the date of enactment of the Law of Ukraine "On Ukrainian Citizenship" ( 1636-12 ), November 13, 1991);

(3) persons that arrived in Ukraine for permanent residence after November 13, 1991, and whose former Soviet passports in 1974 format are marked "citizen of Ukraine" by bodies of the Interior of Ukraine, as well as their offspring arriving together with them to Ukraine, provided they were under age at the time;

(4) persons receiving Ukrainian citizenship under the laws of Ukraine and international treaties to which Ukraine is a party.

Persons indicated in Section 1 of this Article 3 shall be citizens of Ukraine as of August 24, 1991; those in Item (2) as of November 13, 1991; those in Item (3) as of the date of having [their passports] marked "citizen of Ukraine".

Article 4. Legislation on Ukrainian Citizenship

Matters relating to Ukrainian citizenship shall be dealt with in keeping with the Constitution of Ukraine ( 254k/96-VR ), this Law, and international laws to which Ukraine is a party.

Should an international treaty contain rules other than those set forth in this Law, the rules of the international treaty shall have precedence.

Article 5. Documents Attesting to Ukrainian Citizenship

Documents attesting to Ukrainian citizenship shall be as follows:

(1) Ukrainian national passport;

(2) Ukrainian citizenship certificate;

(3) Ukrainian travelling passport;

(4) temporary Ukrainian citizenship certificate;

(5) minor's travel document;

(6) diplomatic passport;

(7) service/business passport;

(8) seaman's credentials [ID card];

(9) crew member's credentials;

(10) credentials when returning to Ukraine.

CHAPTER II. ACQUIRING UKRAINIAN CITIZENSHIP

Article 6. Grounds on which Ukrainian Citizenship is Obtained

Ukrainian citizenship shall be acquired:

(1) by birth;

(2) by territorial origin;

(3) as a result of [legal procedures] granting citizenship;

(4) as result of renewal of citizenship;

(5) as a result of adoption;

(6) as result of guardianship or custody, in the case of a minor;

(7) as a result of guardianship/custody appointed a person recognised as incapable by a court of law;

(8) due to a minor's one or both parents being citizens of Ukraine;

(9) as a result of filiation;

(10) due to other reasons envisaged by international treaties to which Ukraine is a party.

Article 7. Ukrainian Citizenship by Birth

A person, whose parents or either of the parents was a citizen of Ukraine at the time of that person's birth, shall be a citizen of Ukraine.

A person born in the territory of Ukraine, of stateless parents being lawful residents of Ukraine, shall be a citizen of Ukraine.

A person born outside Ukraine, of stateless persons being lawful permanent residents of Ukraine, and if that person did not acquire foreign citizenship by birth, shall be a citizen of Ukraine.

A person born in the territory of Ukraine, of parents being foreign subjects and lawful permanent residents of Ukraine, and if that person did not acquire either parent's citizenship at birth, shall be a citizen of Ukraine.

A person born in the territory of Ukraine, of parents with either of the parents having the refugee status or granted asylum in Ukraine, and if that persons did not acquire either parent's citizenship or acquired the citizenship of the parent having the refugee status or asylum in Ukraine, shall be a citizen of Ukraine.

A person born in the territory of Ukraine, of parents with one being a foreign subject and the other a stateless person permanently and lawfully residing in Ukraine, and if that person did not receive the foreign parent's citizenship at birth, shall be a citizen of Ukraine.

A new-born found in the territory of Ukraine, without known parents (i.e., in the case of a foundling), shall be a citizen of Ukraine.

A person entitled to Ukrainian citizenship by birth shall be a citizen of Ukraine from the date of birth.

Article 8. Ukrainian Citizenship by Territorial Origin

A person or at least one of that person's parents or both, grandfather or grandmother, sister or brother born or constantly residing before July 16, 1990, in a territory that became part of Ukraine as per Article 5 of the Law of Ukraine "On Ukraine's Legal Succession", as well as in other territories being part of the Ukrainian National Republic, Western Ukrainian Republic, Ukrainian State, Ukrainian Socialist Soviet Republic, Transcarpathian Ukraine, Ukrainian Soviet Socialist Republic (Ukr.SSR), currently being a stateless person or foreigner and undertaking to terminate foreign citizenship, and submitting an application for Ukrainian citizenship [declaration of intention], as well as that person's children shall be registered as citizens of Ukraine.

A minor born or permanently residing in the territory of the Ukr.SSR (or if at least one of that person's parents, grandfather or grandmother was born or permanently resided in any of the territories indicated in Section [Paragraph] 1 of this Article 8), currently being a stateless person, shall be registered as a citizen of Ukraine if so applied for by either of the parents or by the guardian/custodian.

A minor born in the territory of Ukraine, of parents being foreigners, and if that minor received the citizenship of any other country(ies), and [if that citizenship was later] terminated, shall be registered as a citizen of Ukraine if so applied for by either of the parents or by the guardian/custodian.

Persons indicated in Section 1 of this Article 8, being citizens of countries and being entitled to apply for Ukrainian citizenship under international treaties with Ukraine, provided these persons can prove that they are not citizens of this country, may apply for Ukrainian citizenship only after presenting sufficient proof that they have terminated their foreign citizenship.

Persons indicated in Section 1 of this Article 8, being foreigners, shall terminate their foreign citizenship and produce a document attesting to the fact, issued by a given foreign country's competent authority, submitting it to the registering authority within a year from the date of registration as citizens of Ukraine. In case such persons, being in possession of all legally required documents to receive this document and being unable to receive due to reasons beyond their control, or if such persons have the refugee status or are granted asylum in Ukraine, they shall submit declarations stating their obligation to terminate their foreign citizenship.

An obligation to terminate foreign citizenship shall not be required from foreigners being citizens of countries whose legislation envisages automatic termination of citizenship once a foreign citizenship is acquired, or when international treaties with Ukraine stipulate such simultaneous termination.

In cases envisaged by this Article 8, the date of acquiring Ukrainian citizenship shall be the date of a given person being registered as a citizen of Ukraine.

A person receiving Ukrainian citizenship and submitting a declaration attesting that person's obligation to terminate foreign citizenship shall return that person's foreign passport to the competent authority of that other country.

Article 9. Granting Ukrainian Citizenship

A foreigner or stateless person may be granted Ukrainian citizenship if he/she duly applies for it.

The conditions on which Ukrainian citizenship may be granted shall be as follows:

(1) recognition and observance of the Constitution of Ukraine ( 254k/96-VR ) and [other] laws of Ukraine;

(2) obligation to terminate foreign citizenship or having no foreign citizenship (in the case of persons that were citizens of countries bound by international treaties with Ukraine, allowing their citizens to apply for Ukrainian citizenship provided they can prove that they are not citizens of the other contracting party).

Foreigners shall undertake to terminate foreign citizenship and submit a document attesting to the fact, issued by a competent authority of that other country, to the [Ukrainian] authority accepting their application for Ukrainian citizenship [declaration of intention] and supporting documents, which document shall be submitted within a year from the date of granting the applicant Ukrainian citizenship. In case such persons, being in possession of all legally required documents to receive this document and being unable to receive due to reasons beyond their control, or if such persons have the refugee status or are granted asylum in Ukraine, they shall submit declarations stating their obligation to terminate their foreign citizenship. This rule shall not apply to persons being citizens of countries bound by international treaties with Ukraine allowing them to apply for Ukrainian citizenship provided they can prove that they are not members of the other contracting party.

An obligation to terminate foreign citizenship shall not be required from foreigners being citizens of countries whose legislation envisages automatic termination of citizenship once a foreign citizenship is acquired, or when international treaties with Ukraine stipulate such simultaneous termination, as well as from persons having the refugee status or granted asylum in Ukraine, and from stateless persons;

(3) continuous lawful residence in the territory of Ukraine for the past five years.

This clause shall not apply to persons married to Ukrainian citizens for over two years and permanently and lawfully residing in Ukraine, and nor shall it apply to persons permanently and lawfully residing in Ukraine and married to Ukrainian citizens over two years if their marriage is terminated by the death of the spouse.

With regard to persons having the refugee status or granted asylum in Ukraine, the term of continuous lawful residence in the territory of Ukraine shall be three years from the date of receiving the refugee status or asylum in Ukraine; with regard to persons entering Ukraine as stateless persons, the term shall be three years from the date of a receiving residence permit;

(4) receipt of permanent residence permit in Ukraine.

This clause shall not apply to persons in possession of former Soviet passports in 1974 format with entries to the effect that they have a permanent or temporary registration in the territory of Ukraine, and nor shall it apply to persons with the refugee status or granted asylum in Ukraine;

(5) command of the official language or understanding it to a degree sufficient for adequate communication using that language. This clause shall not apply to physically handicapped individuals (blind, deaf and/or mute);

(6) presence of legitimate sources of subsistence. This clause shall not apply to persons with the refugee status or those granted asylum in Ukraine.

Clauses 3-6, Section 2 of this Article 9, shall not apply to persons with outstanding merits before their Fatherland or when granting them Ukrainian citizenship serves the national interests.

Ukrainian citizenship shall be granted minors living in Ukraine, with either of the parents or guardian being allowed permanent residence in Ukraine, regardless of the conditions set forth in Clauses 1 and 3-6, Section 2 of this Article 9.

Ukrainian citizenship shall be refused a person in case:

(1) that person has committed a crime against humanity or an act of genocide;

(2) that person received a term of imprisonment in retaliation for a grave crime (until serving the term or when acquitted);

(3) that person has perpetrated acts outside Ukraine qualified as grave criminal offences by Ukraine's legislation.

A person receiving Ukrainian citizenship and submitting a declaration refusing foreign citizenship shall undertake to return his/her [original] national passport to a competent authority of that other country.

The date of receiving Ukrainian citizenship in cases envisaged by this Article 9 shall be the date of a pertinent edict of the President of Ukraine.

Article 10. Renewal of Ukrainian Citizenship

A person that terminated Ukrainian citizenship, did not receive foreign citizenship and is applying for renewal of Ukrainian citizenship shall be registered as a citizen of Ukraine regardless that person being a permanent resident of Ukraine or any other country, provided there are no circumstances envisaged by Section 5 of Article 9 hereof.

A person that terminated Ukrainian citizenship, was granted foreign citizenship, returned for permanent residence in Ukraine, and is applying for renewal of Ukrainian citizenship shall be registered as a citizen of Ukraine, provided there are no circumstances envisaged by Section 5 of Article 9 hereof. This person shall undertake to terminate foreign citizenship and submit a document attesting to the fact, issued by a competent authority of that other country, to the Ukrainian authority accepting that person's papers for the renewal of citizenship, which document is to be submitted within a year from the date of renewing that person's Ukrainian citizenship. A person having every reason to receive this document under the Ukrainian laws, but unable to receive it, due to reasons beyond that person's control, or if having the refugee status or being granted asylum in Ukraine, shall submit a declaration relinquishing that person's foreign citizenship.

Persons covered by Section 2 of this Article 10, being citizens of countries bound by international treaties with Ukraine, allowing such persons to apply for Ukrainian citizenship provided they can prove that they are not citizens of the other contracting party, may apply for renewal of Ukrainian citizenship only after terminating their foreign citizenship.

An obligation to relinquish foreign citizenship shall not be required from citizens of countries whose legislation envisages automatic termination of citizenship when receiving foreign citizenship, if their countries are bound by international treaties with Ukraine, envisaging termination of their citizenship as soon as they are granted Ukrainian citizenship, and [nor shall this obligation be required] from persons granted the refugee status or asylum in Ukraine or from stateless persons.

Renewal of Ukrainian citizenship shall be refused persons losing Ukrainian citizenship as per Clause 5, Section 1, Article 19 hereunder.

The date of receiving Ukrainian citizenship in cases envisaged by this Article 10 shall be the date of registration of a given person as a citizen of Ukraine.

A person receiving Ukrainian citizenship and submitting a declaration disavowing foreign citizenship shall return his/her original national passport to a competent authority of that other country.

Article 11. Minors Receiving Ukrainian Citizenship by Adoption

A minor being a foreigner or a stateless person and adopted by a Ukrainian citizen or married couple, one of which is a Ukrainian citizen and the other a stateless person, shall become a citizen of Ukraine from the date of enactment of the deed of adoption, regardless of whether that minor permanently resides in Ukraine or abroad.

A minor being a stateless person or foreigner and adopted by a married couple with either of the spouses being a citizen of Ukraine and the other a foreigner, shall become a citizen of Ukraine from the date of the deed of adoption, regardless of whether that minor permanently resides in Ukraine or abroad.

Article 12. Minor's Ukrainian Citizenship by Guardianship

A minor being a foreigner or stateless person and being assigned guardianship by Ukrainian citizens or persons, one of which is a citizen of Ukraine and the other a stateless person, shall become a citizen of Ukraine from the date of the deed of guardianship.

A minor residing in Ukraine as a stateless person or foreigner and assigned guardianship by individuals, one of which is a citizen of Ukraine and the other a foreigner, shall become a citizen of Ukraine from the date of the deed of guardianship provided that minor does not acquire the foreign guardian's citizenship.

A minor being a foreigner or stateless person and institutionalised in Ukraine, with the institution acting as that minor's guardian, or if that minor is accommodated at family-type orphanages [group homes], provided at least one of the foster parents is a citizen of Ukraine, shall become a citizen of Ukraine as soon as thus institutionalised, subject to the condition that a given minor's parents are dead or their right to that minor is legally terminated; if the parents are listed as missing, legally incapable, or proclaimed dead.

Article 13. Ukrainian Citizenship of Legally Incapable

Persons in Custody of Ukrainian Citizens

A foreigner or stateless person lawfully residing in Ukraine and recognised as legally incapable and placed into the custody of a Ukrainian citizen shall become a citizen of Ukraine from the date of the deed of custody.

Article 14. Ukrainian Citizenship of a Minor due to Ukrainian

Citizenship of Either or Both Parents

A minor being a foreigner or stateless person, one of whose parents is a citizen of Ukraine and the other a stateless person, shall be registered as a citizen of Ukraine if applied for by the Ukrainian parent.

A minor being a stateless person, one of whose parents is a citizen of Ukraine and the a foreigner, shall be registered as a citizen of Ukraine if applied for by the Ukrainian parent.

A minor being a foreigner, both of whose parents are Ukrainian citizens, shall be registered as a Ukrainian citizen if applied for by either parent.

The date of receiving Ukrainian citizenship, in cases envisaged by this Article 14, shall be the date of a given person's [official] registration as a Ukrainian citizen.

Article 15. Minor's Ukrainian Citizenship due

to Established Paternity

When a minor's paternity is ascertained, with the mother being a foreigner or stateless person and the father a citizen of Ukraine, that minor shall be recognised as a citizen of Ukraine regardless of the place of birth and permanent residence.

The date of receiving Ukrainian citizenship in cases envisage by this Article 15 shall be the date a given minor's birth or the date of that minor's father becoming a citizen of Ukraine, if it happens after the birth of the child.

Article 16. Children's Compulsory Consent

to Ukrainian Citizenship

Children aged between 15 and 18 shall become citizens of Ukraine only of their own free will.

CHAPTER III. TERMINATION OF UKRAINIAN CITIZENSHIP AND ANNULMENT OF DECISIONS GRANTING UKRAINIAN CITIZENSHIP

Article 17. Reasons for Terminating Ukrainian Citizenship

Ukrainian citizenship shall be terminated:

(1) when a given person relinquishes his/her Ukrainian citizenship;

(2) when being stripped of Ukrainian citizenship;

(3) on grounds provided for by international treaties to which Ukraine is a party.

Article 18. Relinquishment of Ukrainian Citizenship

A citizen of Ukraine leaving for permanent residence abroad may have his/her Ukrainian citizenship terminated if he so request.

A minor leaving with his/her parents for permanent residence abroad, with the parents relinquishing Ukrainian citizenship, may also have hi/her Ukrainian citizenship terminated if is applied for by either parent.

If either of the parents leaves with a minor for permanent residence abroad, relinquishing Ukrainian citizenship, and the other retains Ukrainian citizenship, this minor may have his/her Ukrainian citizenship terminated if so applied for by the parent relinquishing his Ukrainian citizenship.

If a minor leaves for permanent residence abroad and that minor's parents relinquish Ukrainian citizenship, that minor may have his/her Ukrainian citizenship terminated if so applied for by either of the parents.

If a minor leaves for permanent residence abroad with one of the parents and that parent relinquishes Ukrainian citizenship and the other retains it, the minor may have his/her Ukrainian citizenship terminated if so applied for by the parent that relinquished his/her citizenship.

If a minor leaves for permanent residence abroad with one of the parents that relinquishes his/her Ukrainian citizenship and the other is a foreigner or stateless person, that minor may have his/her Ukrainian citizenship terminated if so applied for by the parent that relinquished his/her citizenship.

A minor receiving Ukrainian citizenship at birth may have this citizenship terminated if so applied for by either of the parents regardless of that minor's place of residence.

A minor adopted by a married couple with one of the spouses being a Ukrainian citizen and the other a foreigner, that minor may have his/her Ukrainian citizenship terminated if so applied for by the foreign adoptive parent.

A minor adopted by foreigners or stateless persons may have his/her Ukrainian citizenship terminated if so applied for by either of the adoptive parents.

Ukrainian citizenship may be terminated if a given person is granted foreign citizenship or receives a document issued by a competent authority of another country, testifying that the said Ukrainian citizen receive foreign citizenship provided he/she relinquishes Ukrainian citizenship.

Ukrainian citizenship of children aged between 15 and 18 shall be terminated only of their own free will.

Ukrainian citizenship shall not be terminated if the applicant is under criminal investigation in Ukraine or when condemned by a court of law and the sentence is to be carried out.

In cases envisaged by this Article 18, the date of termination of Ukrainian citizenship shall be the date of a pertinent edict signed by the President of Ukraine.

Article 19. Loss of Ukrainian Citizenship

Ukrainian citizenship shall be lost:

(1) if a citizen of Ukraine, after coming of age, voluntarily acquires foreign citizenship.

Voluntary acquisition of citizenship shall be understood as all cases when a citizen of Ukraine voluntarily declares his intention and is granted foreign citizenship, or if he voluntarily obtains a document attesting to his foreign citizenship, except when:

(a) children simultaneously become citizens of Ukraine and of another country at birth;

(b) children being citizens of Ukraine and adopted by a foreigner acquire the adoptive parent's citizenship;

(c) a citizen of Ukraine automatically acquires foreign citizenship after marrying a foreigner;

(d) foreign citizenship is granted a Ukrainian citizen automatically under the laws of a given country, without that citizen's declaration of intention, and that citizen does not voluntarily obtain a document attesting to foreign citizenship;

(1) if a foreigner acquires Ukrainian citizenship without submitting a document attesting to the termination of foreign citizenship or a declaration relinquishing foreign citizenship, as per Section 5, Article 8, Clause 2, Section 2, Article 8, and Section 2, Article 10 hereof;

(2) if a foreigner receives Ukrainian citizenship and exercises rights or obligations provided for by his/her foreign citizenship;

(3) if a person is granted Ukrainian citizenship on the strength of Article 9 hereof, after submitting consciously distorted information or forged documents;

(4) if a citizen of Ukraine enlists in a foreign army, is employed by a foreign secret police, law enforcement, judiciary authority or central or local government without Ukrainian authorities' prior consent.

Clauses 1; 2; 3, and 4, Section 1 of this Article 19, shall not be applied if the Ukrainian citizen will become a stateless person as a result.

Article 20. Legal Personality of Ukrainian Citizens

Applying for Termination of Citizenship

or being Stripped of Citizenship

A citizen of Ukraine applying for termination of citizenship or being stripped of citizenship shall enjoy all rights and carry out all obligations as a citizen of Ukraine until his/her citizenship is officially terminated.

Article 21. Annulment of Decisions Granting Ukrainian Citizenship

A decision granting Ukrainian citizenship shall be annulled if the person granted citizenship as per Articles 8 and 10 hereof is found to have resorted to fraud, submitting consciously distorted information or forged documents, holding back meaningful facts, thus being ineligible as a citizen of Ukraine.

CHAPTER IV. POWERS VESTED IN BODIES OF THE STATE INVOLVED IN THE MAKING OF DECISIONS GRANTING CITIZENSHIP

Article 22. Authority Vested in the President of Ukraine

The President of Ukraine shall:

(1) resolve and issue edicts, as per Constitution of Ukraine ( 254k/96-VR ) and this Law, granting and terminating Ukrainian citizenship;

(2) designate the procedures of handling declarations of intention and relevant paperwork in conjunction with citizenship and implementation of the decisions made;

(3) adopt the Regulations on the Citizenship Committee of the President of Ukraine.

Article 23. Jurisdiction of the Citizenship Committee

of the President of Ukraine

The Citizenship Committee of the President of Ukraine shall:

(1) handle declarations of intention, applications of termination, and statements requesting denationalisation proceedings, and submit proposals to the President of Ukraine concerning such applications and statements;

(2) return the documents for Ukrainian citizenship or its termination to the specially designated central executive authority in charge of citizenship or Foreign Ministry for registration in keeping with the laws currently in effect in Ukraine;

(3) monitor the implementation of decisions made by the President of Ukraine with regard to citizenship.

Article 24. Jurisdiction of the Specially Designated Central

Executive Authority in Charge of Citizenship

The specially designated central executive authority in charge of citizenship shall:

(1) accept statements, along with the required supporting documents, requesting Ukrainian citizenship or its termination, check them for proper execution and registration or for e evidence pointing to the applicant's ineligibility as a Ukrainian citizen or the impossibility of termination of Ukrainian citizenship, and submit them, along with its findings, to the Citizenship Committee of the President of Ukraine;

(2) prepare statements requesting termination of Ukrainian citizenship and submit them to the Citizenship Committee of the President of Ukraine, along with the required documents;

(3) determine the applicant's legibility as per Clauses 1; 2;

4-10, Article 10 hereof;

(4) annul previous decisions concerning Ukrainian citizenship in cases envisaged by Article 21 hereof;

(5) carry out the President's decisions concerning citizenship;

(6) persons granted Ukrainian citizenship with Ukrainian national passports or certificates attesting to their Ukrainian citizenship (in the case of persons aged under 16), temporary credentials of Ukrainian citizens, minors' travel documents, and statements attesting to the termination of Ukrainian citizenship;

(7) in case of terminated citizenship, withdraw Ukrainian national passports, certificates, temporary credentials, travelling passports, and minors' travel documents;

(8) keep record of persons granted or terminating Ukrainian citizenship.

The specially designated central executive authority in charge of citizenship shall file a report with the Citizenship Committee of the President of Ukraine every six month, informing about the implementation of the President's decisions concerning citizenship.

The specially designated central executive authority in charge of citizenship and subordinate agencies shall discharge functions vested in them as per Section 1 of this Article 24, with regard to persons residing in the territory of Ukraine.

Article 25. Powers Vested in the Ministry of Foreign Affairs,

Diplomatic Missions, and Consular Offices of Ukraine

The Ministry of Foreign Affairs, diplomatic missions, and consular offices of Ukraine shall discharge functions stipulated by Article 24 hereof with regard to persons permanently residing abroad.

CHAPTER IV. LEGALLY CONTESTING DECISIONS CONCERNING CITIZENSHIP, ACTIONS OR NON-FEASANCE OF BODIES OF THE STATE AND EXECUTIVES AND OFFICIALS THEREOF

Article 26. Contesting Decisions Concerning Citizenship

Decisions relating to citizenship, made by the specially designated central executive authority in charge of citizenship, Ministry of Foreign Affairs, and bodies thereof may be appealed to a court of law in keeping with legally established procedures.

Article 27. Contesting Acts and Non-feasance on the Part of

Executives and Officials Transgressing Citizenship

Procedures

Acts and non-feasance on the part of executives and officials transgressing the procedures and terms of handling declarations of intention and implementing decisions relating to citizenship may be appealed to a court of law or complained to a superior administrative authority.

Article 28. Contesting Decisions Relating to Citizenship, Acts

and Non-feasance on the Part of Executives and

Officials by Persons Permanently Residing Abroad

Persons permanently residing abroad shall appeal acts or non- feasance on the part of executive and officials of diplomatic missions or consular offices of Ukraine to a court of law, in keeping with legally established procedures.

Article 29. Amenability of Executives and Officials

for Breaches of the Citizenship Laws

Executives and officials found to have transgressed this Law shall be brought to account in keeping with procedures envisaged by the laws of Ukraine.

CHAPTER V. CLOSING PROVISOS

1. This Law shall inure on the date of publication.

2. After the inurement of this Law the following shall be null and void:

- Law of Ukraine "On Ukrainian Citizenship" ( 1636-12 ) ; VVRU, 1991, #50, p. 701; 1993, #14, p. 121; 1994, #33, p. 290; #43, p. 390; 1997, #23, p. 169; 2000, #25, p. 198);

- Resolution of the Verkhovna Rada of Ukraine "On the Procedures of Enactment of the Law of Ukraine 'On Ukrainian Citizenship'" (1637-12) (VVRU, 1991, #50, p.702);

- VR Resolution "On the Procedures of Application of Article 5 of the Law of Ukraine 'On Ukrainian Citizenship' (283/94-VR) with Regard to Servicemen" (VVRU, 1994, #51, p.450).

3. The Cabinet of Ministers of Ukraine, within three months from the date of publication of this Law, shall:

- prepare and submit to the Verkhovna Rada of Ukraine proposals concerning measures to bring the elements of law of Ukraine into conformity with this Law;

- see to it that the central executive authorities of Ukraine bring their regulatory documents into conformity with this Law.

4. The President of Ukraine shall be recommended to bring his acts into conformity with this Law.

Leonid Kuchma, President of Ukraine

City of Kyiv,

January 18, 2001

FORRÁS: http://www.legislationline.org/view.php?document=55444&ref=true