Draft bill #11469 of August 7, 2024 

Sponsor: the President 

Status: sent for review to the Committee of the Verkhovna Rada on Human Rights, Deoccupation and Reintegration of the Temporarily Occupied Territories of Ukraine, National Minorities, and Interethnic Relations 

Who is affected: citizens of Ukraine, foreigners, and stateless persons intending to acquire Ukrainian citizenship 

Summary: 

Acquisition of citizenship by birth: 

  • for obtaining Ukrainian citizenship for a child born in Ukraine or abroad who has not received foreign citizenship, one of the child’s parents or legal representatives will have to submit a request in the following cases: 
    • both parents are foreigners residing permanently in Ukraine 
    • one parent is a foreigner permanently residing in Ukraine, the other is a refugee or has been granted asylum in Ukraine 
    • one parent is a foreigner permanently residing in Ukraine, the other is a stateless person residing permanently or temporarily in Ukraine 
    • one or both parents have been recognized as refugees in Ukraine or have been granted asylum here 
    • both parents are stateless persons residing temporarily or permanently in Ukraine 
    • one parent is a stateless person residing temporarily or permanently in Ukraine, the other is a stateless person residing permanently in Ukraine. 
  • when the child reaches 18 years, they will be able to apply for Ukrainian citizenship on their own. 

Acquisition of Ukrainian citizenship by territorial origin will be possible for: 

  • a foreigner or stateless person who was born (or at least one of their relatives was) before August 24, 1991, on the territory of modern Ukraine or territories that were part of the Ukrainian People’s Republic, West Ukrainian People’s Republic, Ukrainian State, Ukrainian Socialist Soviet Republic, Transcarpathian Ukraine, or Ukrainian Soviet Socialist Republic, as well as the children of such persons 
  • a child of parents without Ukrainian citizenship born in Ukraine after August 24, 1991, if: 
    • their parents are foreigners who permanently resided in Ukraine 
    • one of their parents is a foreigner who permanently resided in Ukraine, and the other is a refugee or has been granted asylum in Ukraine 
    • one of their parents is a foreigner who permanently resided in Ukraine, and the other is a stateless person residing temporarily or permanently in Ukraine. 
  • to acquire Ukrainian citizenship based on territorial origin, it will be required to: 
    • submit a declaration recognizing oneself as a citizen of Ukraine. For a child, this will be done by the parents or legal representatives, attaching a request for citizenship acquisition 
    • submit a commitment to renounce foreign citizenship 
    • submit a declaration of renunciation of foreign citizenship and recognition as only a citizen of Ukraine 
    • submit a declaration of absence of foreign citizenship. 

Acquisition of Ukrainian citizenship under a simplified procedure will be available for: 

  • citizens of certain countries (a list of such countries will be approved additionally): they will only have to submit a declaration recognizing themselves as citizens of Ukraine. At the same time, citizens of countries not included in the “simplified” list will have to submit a commitment to renounce foreign citizenship and confirm this with a document within two years 
  • certain categories of citizens from countries not included in the “simplified” list: 
    • recognized as refugees or granted asylum in Ukraine 
    • legally serving under contract in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard (or are married to such a person or are their children) 
    • have obtained a temporary residence permit in Ukraine. This will apply to military instructors and those who have provided or are providing assistance to the Ukrainian military (or are married to such a person or are their children) 
    • have made significant contributions to Ukraine or their acquisition of citizenship is of state interest (or are married to such a person or are their children) 
    • are citizens of an occupying or aggressor state and have suffered documented persecution there (or are married to such a person or are their children) 
    • have, but for reasons beyond their control cannot obtain a document confirming the renunciation of foreign citizenship (except citizens of the aggressor or occupying state). 

Multiple citizenship will be permitted in cases when: 

  • a child at birth simultaneously acquired citizenship of Ukraine and another state(s) 
  • a child who is a citizen of Ukraine has been adopted and has acquired citizenship of the adoptive parents’ state 
  • citizens of Ukraine automatically acquired another citizenship after marrying a foreigner 
  • citizens of Ukraine who have reached adulthood automatically acquired citizenship of another state according to its laws if they have not received documents confirming the existence of another citizenship 
  • a foreigner has acquired Ukrainian citizenship under a simplified procedure 
  • a citizen of Ukraine has acquired citizenship of states from the “simplified” list. 

New grounds for citizenship termination: 

  • use of a passport of another state by a Ukrainian citizen in Ukraine if it threatens the national interests and national security of Ukraine 
  • established fact of military service in the armed forces of an aggressor state or occupying state 
  • participation in armed aggression against Ukraine on behalf of the aggressor or occupier, as well as on behalf of a state complicit in aggression against Ukraine 
  • guilty sentence for terrorism, involvement in criminal organizations, or crimes against peace and foundations of national security. 

What is right: 

  • the bill legalizes the presence of foreigners and stateless persons in the Armed Forces of Ukraine and other military units 
  • the bill will contribute to preserving the Ukrainian community and mitigate the negative effects of the demographic crisis in Ukraine. 

What is wrong: 

  • there is a risk that dual citizenship will be deemed unconstitutional, as the Constitution explicitly states that there is single citizenship in Ukraine. In December 2021, 99 MPs requested the Constitutional Court to interpret Article 4 because a draft bill on multiple citizenship had been registered. The Constitutional Court considered the request in April 2023 and moved to a closed part of making a decision. A decision has not yet been made 
  • use of a foreign passport on the territory of Ukraine that creates “a threat to national security or national interests of the state” cannot serve as grounds to deprive an individual of citizenship. The list of threats and national interests is determined by the President in the National Security Strategy. Unlike crimes against national security, “threats” are political categories that cannot be used as a legal basis for deprivation of citizenship 
  • allowing the acquisition of Ukrainian citizenship without renouncing foreign citizenship may lead to increased expenditures from the government budget on pensions and other social benefits received by all citizens of Ukraine. At the same time, granting citizenship to expatriate Ukrainians will not increase budget revenues if they are non-residents 
  • the issue of military service and foreigners who acquire Ukrainian citizenship without renouncing their citizenship is not regulated. According to the Constitution, defense of the Motherland, of the independence and territorial indivisibility of Ukraine, and respect for its state symbols, are the duties of citizens of Ukraine 
  • according to the Constitution, a citizen of Ukraine shall not be deprived of citizenship and of the right to change citizenship. Therefore, provisions stating that a person may lose citizenship under certain grounds do not comply with the Constitution. 

Alternative solution: 

  • withdraw the draft bill 
  • wait for the official interpretation of the issue by the Constitutional Court. After it is available, initiate public discussions on the idea of legalizing multiple citizenship. 

Background information: at the end of 2019, the President submitted the first draft bill concerning multiple citizenship. The opposition criticized the document at that time. In December 2021, the President registered a new draft bill regarding changes to the grounds for acquiring and terminating citizenship. However, a few months later, a large-scale invasion by the Russian Federation started, and the issue was not addressed. In January 2024, the President submitted another draft bill on the legalization of multiple citizenship, which is awaiting consideration 

Additional information: 

  • article by Oksana Zabolotna and Daria Bevziuk: Multiple citizenship: necessity or unjustified risks?