In today’s conditions, when Ukraine opposes the Russian Federation, the question of civil rights and responsibilities arises more and more often. Some citizens, for various reasons, may think about the possibility of leaving citizenship. But is it possible during the war? What legal mechanisms are provided by Ukrainian legislation, and is it realistic to go through the procedure under martial law? This is not only a matter of individual choice, but also of national security, because the state is obliged to control its citizens and their legal status.
The lawyers of the “Repeshko and Partners” Bar Association explained how this issue is regulated at the legislative level, what procedures must be followed and whether there are exceptions that allow you to leave citizenship at this difficult time.
Since the beginning of the full-scale invasion of the Russian Federation in Ukraine and as of the end of last year, according to data from open sources, about 1,000 people have applied to foreign diplomatic institutions of Ukraine with requests to withdraw from Ukrainian citizenship. The largest number of applications were submitted to the Consulate General in the city of Munich – almost 200. The fact is that the topic of leaving Ukrainian citizenship appears in the information space more and more recently. Usually, it is raised in comments to some news, mostly by men. Although mothers of underage sons, who are now teenagers, fearing a lowering of the mobilization age for men, are quite actively looking for information on this matter.
Legal practice and legislative norms establish certain restrictions and conditions for relinquishing Ukrainian citizenship. In particular, during martial law, there are special rules that can make the process of formal renunciation difficult or even impossible. The main document that regulates the issue of citizenship is the Law of Ukraine “On Citizenship of Ukraine”. According to it, it is possible to terminate Ukrainian citizenship in three ways:
1) as a result of leaving the citizenship of Ukraine;
2) as a result of loss of Ukrainian citizenship;
3) on the grounds stipulated by international treaties of Ukraine.
As for relinquishing Ukrainian citizenship, the following should be noted. A citizen of Ukraine who, in accordance with the current legislation of Ukraine, is a permanent resident abroad, may renounce Ukrainian citizenship at his request. However, it is worth knowing that the procedure for relinquishing Ukrainian citizenship is complicated, especially when it comes to children or persons who have legal obligations to the state. It is important to understand that citizenship is not just a formality, but defines certain rights and obligations, so its loss has serious legal consequences.
If parents decide to renounce Ukrainian citizenship and move to permanent residence abroad, they can submit a petition for renunciation of citizenship together with their child. In this case, the child automatically goes through this procedure with them. However, if only one of the parents leaves the citizenship of Ukraine, then the situation depends on the legal status of the other parent. If the person who remains is a citizen of Ukraine, then his consent is required for the child to leave his citizenship. If one of the parents is a foreigner or a stateless person, the child can leave Ukrainian citizenship together with the parent who submitted the petition.
The case when the child already lives abroad and his parents have lost Ukrainian citizenship is considered separately. In such a situation, the submission of a petition by one of the parents can also become the basis for the child’s withdrawal from Ukrainian citizenship. This also applies to children who were born in Ukraine, but had one or both foreign parents. It is important that even in such cases the procedure has its limitations, because citizenship is not only a formal status, but also part of the legal relationship with the state.
One of the key conditions for exiting the citizenship of Ukraine is the presence of another citizenship or guarantees of obtaining it. That is, a person cannot remain stateless at all. For this, it is necessary to provide a document issued by the competent authorities of another state, confirming the acquisition of a new citizenship after relinquishing the citizenship of Ukraine.
Children between the ages of 14 and 18 have the right to independently express their consent or disagreement to leave citizenship. This means that even if the parents have decided to leave the citizenship of Ukraine, teenagers can determine their further legal affiliation themselves. This is an important mechanism that ensures that the interests of minor citizens are taken into account.
It is worth noting that the legislation provides for situations in which exit from citizenship is impossible. In particular, if a person is suspected of committing a criminal offense or already has a conviction that has entered into force, he will be denied citizenship until the legal issues are fully resolved. This is necessary to ensure accountability before the law and to prevent the evasion of justice due to a change of citizenship.
The date of termination of Ukrainian citizenship in the cases provided for in this article is the date of issuance of the relevant Decree of the President of Ukraine. At the same time, relinquishment of citizenship is a voluntary procedure and is carried out exclusively at the initiative of the individual.
The reasons for such a decision may be different, but the following categories of persons may renounce their citizenship:
- Live abroad for a long time and have an official residence permit in the host country;
- Acquired or have guarantees of obtaining citizenship in the host country.
It should be noted that grounds for loss of Ukrainian citizenship are:
- Voluntary acquisition of citizenship of another state by a citizen of Ukraine, if at the time of such acquisition he has reached the age of majority. Voluntary acquisition of citizenship of another state is considered to be all cases when a citizen of Ukraine, in order to acquire citizenship of another state, had to apply for such acquisition in accordance with the procedure established by the national legislation of the state whose citizenship was acquired.
The following cases are not considered voluntary acquisition of another citizenship:
- a) simultaneous acquisition of Ukrainian citizenship and citizenship of another state or states by a child by birth;
- b) a child who is a citizen of Ukraine acquires the citizenship of his adoptive parents as a result of his adoption by foreigners;
- c) automatic acquisition by a citizen of Ukraine of another citizenship due to marriage with a foreigner;
- d) automatic acquisition of another citizenship by a citizen of Ukraine who has reached the age of majority as a result of the application of the legislation on the citizenship of a foreign state, if such a citizen of Ukraine has not received a document confirming that he has the citizenship of another state.
- A person’s acquisition of Ukrainian citizenship as acceptance of citizenship occurred as a result of deception, deliberate submission of false information or false documents, including non-fulfillment of the obligations undertaken by the person in the obligation to terminate foreign citizenship, in the obligation to pass basic exams Constitution of Ukraine, history of Ukraine and the level of mastery of the state language.
- Voluntary enlistment in the military service of another state, which, according to the legislation of that state, is not military duty or alternative (non-military) service.
At the same time, the position points 1, 3 the first part of this article does not apply if, as a result, a citizen of Ukraine becomes a stateless person.
Loss of citizenship is always initiated by state authorities. This list is exhaustive, in other cases it is impossible to deprive a person living on the territory of Ukraine of citizenship. The issue of loss of citizenship is considered by a special Commission under the President of Ukraine. At the same time, the date of termination of Ukrainian citizenship in the cases provided for in this article is the date of issuance of the relevant decree of the President of Ukraine. The President independently signs the decree for each specific person individually. The decision can be appealed by applying to the Supreme Court of Ukraine.
However, the most interesting issue is the issue of relinquishment of citizenship, taking into account the fact that the country is in a state of war. It should be understood that leaving citizenship is a procedure that is divided into two main stages. The first stage is the registration of departure to a permanent place of residence abroad. For this you need:
- obtain a decision on granting permission to leave for permanent residence abroad from the migration service in Ukraine or a consular institution;
- to withdraw from military registration;
- withdraw from registration of place of residence;
- withdraw from tax records;
- get a stamp in the foreign passport about departure to a permanent place of residence abroad;
- register with a consular officer abroad.
At the point – “removal from military registration” for many male citizens who are conscripts, the procedure will most likely end, because in the conditions of martial law, this condition cannot be fulfilled even by those who left before the start of martial law and are now in the territory of our state, because they do not have the right to cross the state border.
The second stage is the registration of withdrawal from citizenship. To renounce citizenship, the following package of documents must be submitted to the consulate where the person is registered:
- application for voluntary withdrawal from citizenship in two copies;
- two photographs measuring 35 x 45 mm;
- a copy of the passport of a citizen of Ukraine for travel abroad with a note about travel abroad on the PMP.
- a document confirming the acquisition of citizenship of another state or guaranteed acquisition of citizenship on the condition of renunciation of the Ukrainian passport.
The following documents must be submitted in order to withdraw the child’s Ukrainian citizenship:
- a copy of the child’s birth certificate;
- a copy of the document confirming the child’s stay in Ukrainian citizenship;
- one of the following documents:
- a document proving that the child has acquired the citizenship of another state (states);
- a document issued by an authorized body of another state stating that the child acquires the citizenship of another state if he renounces the citizenship of Ukraine. Such a document is not required if the legislation of the state, whose citizenship the child acquires, provides for the acquisition of the citizenship of this state by the child as a result of the acquisition of citizenship by his parents or one of them;
- statement of a child aged 14 to 18 years of age about consent to withdraw from Ukrainian citizenship;
- a document confirming the child’s departure for permanent residence abroad (if required);
- a document confirming that the child’s parents have left Ukrainian citizenship (if required).
The decision to withdraw from the citizenship of Ukraine is made by the president, which is issued by a corresponding decree. The term for consideration of the application should not exceed one year, but during the martial law in Ukraine, the specified term is not observed and any influence on the acceleration of the terms is completely excluded.
It is also necessary to remember that before providing any consular service to men aged 18 to 60, as well as to women with pharmaceutical and medical specialties who are on military registration, the institution’s employees check the validity of military registration documents (VOD). After the launch of the “Reserve+” application, from June 2024, citizens conscripted into military service must present an electronic ID card (e-ID card), which contains the corresponding QR code.
It should be noted that currently a significant number of men conscripted in the “Reserve+” application have the status “Requires clarification”, which makes it impossible to form e-VOD. This happens because the man is not registered with any TCC and SP and he needs to personally contact the TCC and SP at the place of registration to clarify the data, which many men are unable to do due to certain circumstances. Thus, in order to be removed from the military register, strangely enough, one has to go there from the beginning to become someone who has not done it until now.
In connection with the state of war, at present, conscripted persons who:
- have another citizenship;
- live abroad;
- are not on permanent consular records.
All the same, the main thing that those who want to leave Ukraine’s citizenship should remember: voluntary withdrawal from citizenship is not available to persons permanently living in Ukraine.
In general, the process of leaving the citizenship of Ukraine is a serious legal step that has numerous restrictions and nuances. It cannot be carried out instantly or without following the procedures prescribed by law. It is important to understand all the legal consequences of this decision, because it affects not only the personal status of a person, but also his further relations with the state, legal obligations and international obligations.
