ANALYSIS OF LEGISLATIVE INITIATIVES REGARDING THE IMPLEMENTATION OF THE PRINCIPLE OF ONE CITIZENSHIP IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 73)Publication Date: 2024-03-31
Authors : Kushnir Iryna; Adamchuk Serhii; Demchyk Nadia;
Page : 60-66
Keywords : The Constitution of Ukraine; The citizenship of Ukraine; draft law; loss of citizenship; deprivation of citizenship; constitutional principle of single citizenship; migration;
Abstract
Introduction. On January 22, 2024, the President of Ukraine submitted to the Verkhovna Rada of Ukraine a draft Law of Ukraine «On some issues in the field of migration regarding the grounds and procedure for acquiring and terminating Ukrainian citizenship» No. 10425 (hereinafter — the draft Law of Ukraine) and defined the latter as urgent for extraordinary consideration by the parliament [10]. Based on the analysis of the provisions of the draft Law of Ukraine, some were found that do not fully correspond to the legal norms of the Constitution of Ukraine, in particular, for example, regarding the implementation of the constitutional principle of single citizenship, expanding the list of reasons for the loss of Ukrainian citizenship, etc. Article 8 of the Basic Law establishes that the Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it [4]. Based on the analysis of the norms of the draft Law of Ukraine, in the submitted version, inconsistency with the norms of the Basic Law was found, the details of which require scientific justification. In connection with the operation of the special administrative and legal regime — martial law, declared as a result of open military aggression of the Russian Federation, the need to mobilize and identify cases of dual citizenship, in particular among state and political figures who use dual citizenship to evade the fulfillment of obligations connection with the protection of the sovereignty and territorial integrity of Ukraine. The mentioned circumstances increase the necessity and relevance of carrying out a scientific analysis and legislative regulation of a single citizenship in Ukraine. Purpose. The purpose of the study is to analyze and evaluate the provisions of the draft Law of Ukraine on the implementation of the principle of single citizenship in Ukraine through the prism of compliance with the norms of the Constitution of Ukraine. Materials and methods. The research materials are: 1) regulatory and legal provision of citizenship regulation in Ukraine; 2) scientific works of domestic authors in the field of citizenship. Such scientific methods as theoretical generalization and grouping were used (to characterize the essence of a single citizenship through the prism of the migration legislation of Ukraine and the world); analysis and synthesis (study of the draft law on citizenship); logical generalization of results (formulation of conclusions). The results. The article analyzes the legal aspects of implementing the principle of a single citizenship of Ukraine through the prism of the draft Law of Ukraine «On some issues in the field of migration regarding the grounds and procedure for acquiring and terminating Ukrainian citizenship.» It is noted that the institution of citizenship acquires special relevance in conditions of war, repelling armed aggression of another state, because the state can count on its citizens as a human resource for the armed forces and volunteer activities. Foreigners and stateless persons cannot bear the constitutional duty to protect the state where they permanently reside. It was concluded that the possibility for a citizen of Ukraine to hold multiple citizenships is provided as an exception rather than as a rule, since the relevant Law clearly provides such a condition for the loss of Ukrainian citizenship as the voluntary acquisition by a citizen of Ukraine of the citizenship of another state. Attention is drawn to the fact that the draft Law of Ukraine «On some issues in the field of migration regarding the grounds and procedure for acquiring and terminating the citizenship of Ukraine» contains the legalization of multiple citizenship contrary to the norms of the Constitution of Ukraine.
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