Table 1: Provisions of 1991 and 1997 editions of the
Ukrainian citizenship law related to FDPs.
|
1991 law
with 1993 amendments, in force until May 1997 [1] |
New edition
of the law as proposed by the working group and approved during the 1st
reading on 30 October 1996[2] |
New edition
of the citizenship law as passed by the Parliament on 14 April 1997, in force
since 20 May 1997[3] |
|
Article 2: Affiliation to the citizenship of Ukraine. Citizens of Ukraine are: … (2) persons who work abroad on
recommendation of the state, serve in the armed forces, or study abroad, or
who left legally for permanent residency abroad, if they were born in Ukraine
or prove that they have permanently resided in Ukraine before they left, are
not citizens of other states, and have expressed their desire to become
citizens of Ukraine no later than five years from the date of entry of this
law into force. |
Article 2:
Affiliation to the citizenship of Ukraine. Citizens of Ukraine are: …. (2) persons who left Ukraine if they
are not citizens of other states, were born or have resided permanently on a
territory that was part of Ukraine as of the day when Declaration of
Independence was adopted (24 Aug 91), as well as members of their family
(children, grandchildren, husband, wife) who have, no later than 31 December
1996, expressed desire to become Ukrainian citizens. |
Article 2: Affiliation to the citizenship of Ukraine. Citizens of Ukraine are: … (3) persons who were born or resided
permanently on the territory of Ukraine, as well as their descendants
(children, grandchildren), if they resided beyond the borders of Ukraine on
13 November 1991, do not hold citizenship of other states, and before 31
December 1999 submitted an application on determining their affiliation to
the citizenship of Ukraine by procedure established in the present law. |
|
Article 17:
Admission to the citizenship of
Ukraine. Conditions for acquiring Ukrainian
citizenship are: (1) renunciation of foreign
citizenship; (2) permanent residence on the
territory of Ukraine over the last five years. This rule does not apply to persons
who arrived in Ukraine for permanent residence and expressed a desire to
become Ukrainian citizens provided that they were born or prove that at least
one of their parents, grandfather, or grandmother was born on its territory
and are not citizens of other states;[4] (3) knowledge of Ukrainian language
within the extent sufficient for communication; (4) availability of legal sources of
income; (5) recognition of and compliance
with the Constitution of Ukraine. |
Article 17:
Admission to the citizenship of
Ukraine. Conditions for acquiring Ukrainian
citizenship are: (1) renunciation of foreign
citizenship; (2) permanent residence on the
territory of Ukraine over the last five years. This rule does not apply to persons
who expressed a desire to become Ukrainian citizens provided that they were
born or prove that at least one of their parents, grandfather, or grandmother
was born on its territory and are not citizens of other states. (3) knowledge of Ukrainian language
within the extent sufficient for communication; (4) availability of legal sources of
income … Upon expiration of the term set forth in Article 2 (2) of this law, victims of repression, including those deported from the territory of Ukraine, can receive citizenship by procedure established under Article 16, excluding requirements set forth in paragraphs 2 and 3. |
Article 16:[5]
Admission to the citizenship of
Ukraine. Conditions for acquiring Ukrainian
citizenship are: (1) recognition of and compliance with
the Constitution and laws of Ukraine; (2) not holding foreign citizenship; (3) continuous residence on legal
grounds on the territory of Ukraine over the last five years. This rule does not apply to persons
who expressed a desire to become Ukrainian citizens provided that they were
born or prove that at least one of their parents, grandfather, or grandmother
was born on its territory. (4) knowledge of Ukrainian language
within the extent sufficient for communication; (5) availability of legal sources of
income … Upon expiration of the term set forth
in Article 2 (3) of this law, people covered by this provision can receive
Ukrainian citizenship by procedure established under Article 16, excluding
requirements set forth in paragraphs 3 and 4. |
[1] As initially adopted by the Ukrainian parliament on 8 October 1991 (Verkhovna Rada Ukrainy, 1991), and amended on 28 January 1993 (Verkhovna Rada Ukrainy, 1993), on 14 July 1994 (Verkhovna Rada Ukrainy,
1994), and on 14 October 1994 (Verkhovna Rada Ukrainy, 1994).
[2] Verkhovna Rada Ukrainy, Komisia z pytan prav liudyny, natsionalnykh menshyni mizhnatsionalnykh vidnosyn, 1997. “Porivnialna tablytsia do proektu zakonu Ukrainy ‘Pro vnesennia zmin i dopovnen do zakonu Ukrainy’ Pro hromadianstvo Ukrainy.” Document No. 509 (20 January 1997).
[3] Verkhovna Rada Ukrainy, 1997. “Zakon Ukrainy ‘Pro hromadianstvo Ukrainy’.” Document No. 210-97BP (16 April 1997). Vidomosti Verkhovnoi Rady Ukrainy, 1997, No. 23, p. 169.
[4] Verkhovna Rada Ukrainy, 1993. “Zakon pro vensennia zmin i dopovnen do Zakonu Ukrainy ‘Pro hromadianstvo’.” Document No. 2949-XII (28 January 1993). Vidomosti Verkhovnoi Rady Ukrainy, 1993, No. 14, p. 121.
[5] Numbering of articles changed since draft Article 10 on honorary citizenship was dropped.