Dual citizenship in Ukraine

Dual citizenship is a top topic for discussion in Ukraine. Lots of Ukrainians want to move freely and travel the world.

At first glance, things are obvious: the more passports a citizen has, the more comfortable he feels. In fact, if dual citizenship is allowed in Ukraine, there will actually be few Ukrainians with US, British or German passports.

Many more Ukrainians will have Russian passports. And the presence of a Russian passport for Ukrainian citizens undermines the security of Ukraine. After all, Russia has repeatedly used scenarios of “protection of its own citizens,” which were tested for the first time in South Ossetia and Abkhazia. It is well known that Russia has actively tried to distribute its citizenship in the Crimea, as well as in eastern and southern Ukraine.

However, the fact is that many Transcarpathians also have dual citizenship of Hungary, Romania and other European countries. How to be with them?

While politicians are arguing over whether or not to have dual citizenship in Ukraine, people are making their own choices.

We have collected for you ten common facts and myths that exist about dual citizenship. in Ukraine

Dual citizenship is allowed in more than 100 countries. Absolutely true.

In total, there are about 100 countries in the world that allow the possibility of dual citizenship. Among them are Belgium, Brazil, Canada, Colombia, Cyprus, El Salvador, Finland, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Mexico, New Zealand, Sweden, and Great Britain. Australia is considered to be the most liberal country in the world in terms of acquiring a second citizenship, while immigration legislation is perhaps the strictest there.

Dual citizenship is prohibited in Ukraine. This is not quite true.

Today, the legislation of Ukraine does not really provide for the citizens of Ukraine the opportunity to have a passport of another country.

Article 2 of the Law of Ukraine “On Citizenship of Ukraine” provides: “If a citizen of Ukraine acquired the citizenship of another state or states, in legal relations with Ukraine he is recognized only as a citizen of Ukraine. If a foreigner acquired citizenship of Ukraine, he is recognized only as a citizen of Ukraine “.

However, this should not be regarded as a prohibition of dual citizenship, as the loss of Ukrainian citizenship does not occur automatically with the acquisition of citizenship of another state, but only from the date of issuance of the Decree of the President of Ukraine on termination of citizenship.

Even if a citizen of Ukraine has acquired the citizenship of another state or states, he is not deprived of Ukrainian citizenship and in legal relations with Ukraine is further recognized only as a citizen of Ukraine.

Thus, the allegation of a ban on dual citizenship in Ukraine is erroneous.

There is a fine for concealing foreign citizenship in Ukraine.

Doubtful, although the relevant law was passed. However, it was later returned with proposals (remarks on the observance of the Constitution) by the President of Ukraine for reconsideration, which the deputies have not yet carried out.

The Verkhovna Rada of Ukraine imposed fines for concealing the fact of obtaining foreign citizenship on October 2, 2012. 264 deputies voted for the law “On Amendments to Certain Legislative Acts of Ukraine Concerning Citizenship”.

The law stipulates that failure to submit or late submission of an application of a citizen who has voluntarily acquired foreign citizenship (citizenship), as well as copies of citizenship documents entails a fine of ten to thirty non-taxable minimum incomes (from 170 to 510 UAH). The same actions committed by officials of public authorities or local governments entail the imposition of a fine in the amount of fifty to one hundred non-taxable minimum incomes (from 850 to 1700 UAH).

There is no criminal liability for lack of notification. The only punishment that can be applied to a citizen of Ukraine who has a passport of another state is the loss of Ukrainian citizenship. However, this procedure is extremely complex and therefore this rule is practically not applied.

For example, there is no relevant information exchange agreement between Ukraine and the EU.

A citizen of Ukraine may be forcibly deprived of citizenship. It is not true.

Article 25 of the Constitution of Ukraine states: “A citizen of Ukraine may not be deprived of citizenship and the right to change citizenship. A citizen of Ukraine may not be expelled from Ukraine or extradited to another state. Ukraine guarantees the care and protection of its citizens who are outside its borders. ”

Citizenship of Ukraine in accordance with Articles 18-20 of the Law “On Citizenship of Ukraine” is terminated:

1) as a result of renunciation of Ukrainian citizenship;

2) due to loss of citizenship of Ukraine;

3) on the grounds provided for by international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine.

It is possible to leave Ukrainian citizenship only at the request of a person.

Thus, the law clearly states the impossibility for a citizen of Ukraine to have dual citizenship, including on the basis of international agreements.

The provision that Ukrainian citizenship is lost if a Ukrainian citizen has voluntarily acquired the citizenship of another country to some extent guarantees compliance with Article 4 of the Constitution of Ukraine, which stipulates that “there is a single citizenship in Ukraine”.

But in practice everything is not so simple. Will each person, having obtained the citizenship of another state, submit an application for renunciation of Ukrainian citizenship, and will each state notify Ukraine of the granting of citizenship to its former citizen?

For example, Switzerland, Ireland, Israel and some other countries do not consider it their duty if, in their opinion, the question of a person’s nationality is related to persecution on religious, civil or political grounds.

Hundreds of thousands of Ukrainians also have the citizenship of other countries. That is a fact.

According to unofficial statistics, today several hundred thousand Ukrainians have passports of at least two countries in their pockets.

According to various sources, between 140,000 and 350,000 Ukrainians had Russian passports in Ukraine. Most of them lived in the Crimea and Donbas.

There are reports that the number of Ukrainians who have acquired Hungarian citizenship reaches 80-90 thousand people, Romanian – up to 80 thousand. However, according to the newspaper Nepszabadsag, with reference to official data, for 2011-2012 applications for Hungarian citizenship under the simplified The procedure received much less from the citizens of Ukraine – 8783.

According to other data, unofficially from 5% to 10% of Ukrainians already have a passport of another state, and about 5 million are working abroad, who may also receive citizenship there in the future.

Citizenship of another state can be bought. This is a perfectly legal practice.

Yes, it is quite possible to get the citizenship of another country for money. There are states that allow you to become their citizen automatically: you only need to transfer money and get a passport in a couple of months. Even visiting a new homeland is not always mandatory. In other countries it is a little more difficult. Having transferred the money to one of the priority projects of the economy, the applicant receives a temporary residence permit. After a certain period, it is replaced by a permanent residence permit, and after five years of legal residence, you can apply for citizenship.

For example, citizenship of the Dominican Republic can be obtained for an investment of 100,000 US dollars. The government intends to use these cash contributions to finance the social sector and private projects (tourism, agriculture and IT).

Citizenship of Antigua and Barbuda costs USD 250,000. It offers a visa-free entry to 129 countries, including the Schengen area, Canada and the United Kingdom.

Malta – minimum investment: EUR 650,000. Visa-free entry: 163 countries, including Western and Eastern Europe, the USA and Canada.

Cyprus – minimum investment: EUR 2,500,000. Visa-free entry: 151 countries, including all countries of the European Union, Canada, Great Britain, Hong Kong, Singapore, Japan and South Africa.

Bulgaria – minimum investment: EUR 512 000. Terms of obtaining citizenship: One year after receiving permanent residence. Dual citizenship: recognized. Visa-free entry: 81 countries, including Schengen countries, as well as Japan, South Korea, Argentina, Brazil and Mexico.

USA – minimum investment: USD 500,000. Term of citizenship: After 5 years of residence. Dual citizenship: recognized. Visa-free entry: 172 countries, including the European Union, Canada and Japan.

The EB-5 visa immigration program has been in place since 1990. To participate, you must start your own business or invest $ 1 million (or $ 500,000 for an investment program in targeted development regions) in an existing US business, creating at least ten jobs for US citizens.

United Kingdom – minimum investment: GBP 1,000,000. Duration of citizenship: After 5 years of residence. Dual citizenship: recognized.

Portugal – minimum investment: EUR 500,000. Duration of citizenship: After 5 years of residence. Dual citizenship: recognized.

Hungary – minimum investment: 250,000 euros. Visa-free entry: more than 140 countries.

The law regulates relations between Hungary and foreign nationals who have agreed to invest 250,000 euros in government securities (bonds) for at least five years.

The Hungarian government is ready to provide foreign investors with a permanent residence in Hungary, which allows them to permanently live, work, study, use bank loans, social benefits, medical care, 90-day stay in any Schengen country without a visa.

After 5 years of permanent residence, a foreigner has the right to apply for Hungarian citizenship.

Dual citizenship can have both positive and negative consequences. It is so.

The first include certain opportunities in the implementation of business, investment activities, income taxation.

The negative consequences are associated with military duty, diplomatic protection, and so on.

Sometimes, in specific situations, the question of which state a person should be considered a citizen is decided only in court.

The Verkhovna Rada plans to introduce criminal liability for dual citizenship.

That’s right, this process is constantly repeated.

The Verkhovna Rada of Ukraine registered a draft law № 4116 of February 7, 2014 on amendments to the Criminal Code of Ukraine on liability for failure to notify a citizen of Ukraine of the acquisition of foreign citizenship.

The bill provides, depending on the degree of abuse of dual citizenship, a fine of one hundred non-taxable minimum incomes, or imprisonment for a term of three to ten years.

The majority of Ukrainian citizens are against dual citizenship.

Ironically, this is indeed the case today. All because of the growth of separatism in Ukraine – the annexation of Crimea and the war in Donbass.

Dual citizenship of European countries does not pose a threat to Ukraine.

There are completely different and sometimes opposite opinions among experts on this topic.

“It should be noted that dual citizenship poses a threat to the Ukrainian state because its national interests are not a priority for them at all, and thus they have no interest in the prosperity and development of Ukraine. The danger of dual citizenship also lies in the fact that such citizenship can at any time very easily cross the state Ukrainian border “.

“It seems to me that the hysteria with dual citizenship, fueled by the mass issuance of passports by Hungary and Romania to the population of neighboring countries, is like banal envy: Ukrainian Hungarians or Romanians will no longer be” restricted “like other Ukrainians”. Everything is different with Russia. It is simply extremely dangerous to have such an agreement with Russia and it is impossible to conclude it.