Analysis of the draft law:
Analysis of the Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Peculiarities of Holding Certain Positions in State Authorities, Other State Bodies, and Local Self-Government Bodies by Citizens of Ukraine Who Hold Citizenship of a Foreign State”
Essence of the Draft Law
This draft law aims to strengthen the requirements for individuals seeking to hold positions in state authorities, local self-government bodies, and other state bodies if they hold citizenship of another state. It establishes restrictions and additional checks for such individuals, especially those who have acquired citizenship of an aggressor state or an occupying state, except in cases of forced automatic acquisition of citizenship in temporarily occupied territories. Additionally, the draft law provides for the regulation of the issue of multiple citizenship.
Structure and Main Provisions of the Draft Law
The draft law consists of two sections:
- Section I – Amendments to existing legislative acts of Ukraine. It contains 17 clauses that amend various laws of Ukraine.
- Section II – Final provisions, which define the terms of entry into force of the law and obligations for the Cabinet of Ministers of Ukraine regarding bringing regulatory legal acts into compliance with this Law.
Main changes:
- Electoral Code of Ukraine: Restrictions on membership in election commissions for individuals with citizenship of another state, except for citizens of Ukraine who have been forcibly granted citizenship
* **RF [Russian Federation] in the temporarily occupied territories, subject to verification.**
* **Law of Ukraine “On the Security Service of Ukraine”:** Prohibition of employing persons with citizenship of another state in the service, establishing the procedure for verifying such persons.
* **Law of Ukraine “On Military Duty and Military Service”:** Grounds for dismissal from military service in case of detection of citizenship of another state.
* **Law of Ukraine “On the Status of People’s Deputy of Ukraine”:** Restrictions for assistant consultants of people’s deputies who have citizenship of another state, again, with exceptions for citizens from the occupied territories after verification.
* **Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights”:** Prohibition of appointing persons who have citizenship of another state to the position of the Commissioner.
* **Law of Ukraine “On Local State Administrations”:** Conditions for termination of powers and restrictions on the appointment of persons with foreign citizenship to the positions of heads and deputy heads of local state administrations.
* **Law of Ukraine “On Political Parties in Ukraine”:** Prohibition of membership in political parties for persons with foreign citizenship.
* **Law of Ukraine “On Service in Local Self-Government Bodies”:** Restrictions and requirements for persons who have citizenship of another state and apply for positions in local self-government bodies. Regulation of positions that cannot be held by persons with multiple citizenship.
* **Law of Ukraine “On the Central Election Commission”:** A member of the CEC cannot have another citizenship.
* **Law of Ukraine “On Prevention of Corruption”:**
