Draft Law on Amendments to Certain Laws of Ukraine Regarding Ensuring the Implementation of the Right to Acquire and Retain Citizenship of Ukraine

Analysis of the draft law:
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Analysis of other documents:

Analysis of Documents Regarding the Draft Law of Ukraine on Citizenship

1. Resolution of the Verkhovna Rada of Ukraine on Adoption as a Basis of the Draft Law

• Position: Supports the draft law at the stage of the first reading. The Verkhovna Rada resolves to adopt the draft law as a basis.
• Key Provisions:
  • The draft law was submitted by the President of Ukraine.
  • The VRU Committee is instructed to finalize the draft law, taking into account comments and proposals, and submit it for consideration in the second reading.

2. Conclusion of the Main Scientific and Expert Department (GNED)

• Position: Expresses reservations regarding the conceptual provisions of the draft law, especially regarding the liberalization of the institution of multiple citizenship. Does not support the draft law in its current wording.
• Key Provisions:
  • Novelties of the Draft Law:
    • Introduction of the principle of determining the legal regime for simultaneous affiliation to the citizenship of several states.
    • Exclusion of voluntary acquisition of citizenship of another state as a basis for losing Ukrainian citizenship (with certain exceptions).
    • The possibility of submitting a declaration of recognizing oneself only as a citizen of Ukraine instead of an obligation to terminate foreign citizenship for certain categories of foreigners.
  • Constitutionality:
    • The need for an official interpretation of the concept of “single citizenship” (Article 4 of the Constitution of Ukraine).
    • Comments on the consistency of the draft law’s provisions with constitutional norms regarding the impossibility of deprivation of citizenship.
  • International Context:
    • Regulation of multiple citizenship falls within the discretionary powers of the state.
    • Provisions of the European Convention on Citizenship.
  • Practical Risks:
    • Legal conflicts related to political rights, access to public service, military service, and taxation of persons with multiple citizenship.
    • Threats to national security.
  • Comments on Specific Provisions:
    • Regarding the list of states whose citizens acquire citizenship under a simplified procedure.
    • Regarding the grounds for losing Ukrainian citizenship (in particular, the use of a foreign passport).
    • Regarding the cancellation of the decision to establish affiliation to Ukrainian citizenship.
    • Regarding discrimination against foreigners who are not included in the list of “simplified” individuals.

3. Decision of the VRU Committee on Human Rights

• Position: The Committee recommends that the Verkhovna Rada adopt the draft law in the second reading and as a whole, taking into account the revisions. Supports the draft law after amendments are made.
• Key Provisions:
  • The Committee considered 1313 amendments and proposals to the draft law.
  • The final version of the draft proposed by the Committee was approved.
  • The Committee is instructed to carry out technical and legal finalization of the draft law jointly with the Main Legal Department of the Apparatus of the Verkhovna Rada.

4. Conclusion of the Main Department of Documentary Support

• Position: Supports the draft law. A linguistic examination of the draft law was conducted and editorial corrections were made. There are no comments on the text of the draft law.
• Key Provisions:
  • A professional (linguistic) examination of the draft Law was carried out.
  • The text of the draft law is written in modern Ukrainian literary language.
  • Editorial corrections were made regarding the presentation of changes, the use of punctuation marks, and possessive pronouns.

5. Comments of the Main Legal Department

• Position: Expresses reservations regarding the conceptual changes provided for in the draft law, especially regarding multiple citizenship. The draft law can be adopted in the second reading if the comments are taken into account. Does not support the draft law in its current wording.
• Key Provisions:
  • Constitutionality:
    • Shares the reservations of the GNED regarding different interpretations of the provisions of Article 4 of the Constitution of Ukraine on single citizenship.
    • Points out signs of discrimination against foreigners who acquire Ukrainian citizenship in the general procedure.
    • Emphasizes that issues of multiple citizenship should be resolved in the constitutional and legal sphere.
  • Practical Risks:
    • The introduction of the institution of multiple citizenship under martial law may give rise to legal conflicts.
    • The existence of dual/multiple citizenship may create problems in resolving issues of military service, taxation, diplomatic protection, etc.
  • Comments on Specific Provisions:
    • Regarding the simplified procedure for acquiring citizenship only for certain foreigners (discrimination).
    • Regarding the declaration of renunciation of foreign citizenship.
    • Regarding the definition of the term “declaration of renunciation of foreign citizenship and recognition of oneself only as a citizen of Ukraine.”

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