Citizenship Act of the Republic of Slovenia

I.       GENERAL PROVISIONS

Article 1

The present act defines the modes and conditions for the acquisition and the cessation of citizenship of the Republic of Slovenia.

Article 2

Unless defined otherwise by an international agreement, a citizen of the Republic of Slovenia having at the same time also the citizenship of a foreign country, is considered a citizen of the Republic of Slovenia while on its territory.

II.      ACQUISITION OF THE CITIZENSHIP

Article 3

Citizenship of the Republic of Slovenia is acquired:

1.   by origin,

2.   by birth on the territory of the Republic of Slovenia,

3.   through naturalisation, meaning admission to citizenship upon a filed petition,

4.   in compliance with international agreement.

1.         Acquisition of citizenship by origin

Article 4

A child shall obtain citizenship of the Republic of Slovenia by origin:

1.   if the child's father and mother were citizens of the Republic of Slovenia at the time of the child's birth;

2.   if one of the parents was citizen of the Republic of Slovenia at the time of the child's birth and the child was born on the territory of the Republic of Slovenia;

3.   if one of the parents was citizen of the Republic of Slovenia at the time of the child's birth and the other was unknown or of unknown citizenship or without citizenship and the child was born in a foreign country.

Article 5

A child born abroad whose one parent had Slovenian citizenship at the time of birth and the other was a foreign citizen, shall acquire citizenship of the Republic of Slovenia by origin, if the child is registered as a Slovenian citizen before his/her 18^th birthday; or if the child returns to Slovenia with the parent of Slovenian citizenship before the age of 18 and obtains actual permanent residence in the Republic of Slovenia.

Registration under the previous paragraph is unnecessary if the child would otherwise remain without citizenship.

Registration under the first paragraph of this article should be carried out with the authority competent for the keeping of the register in which the child's birth shall subsequently be entered, or with the competent authority of the Republic of Slovenia abroad, authorised for performing consular duties.

The child can be registered as a Slovenian citizen by the parent who is citizen of the Republic of Slovenia. If a child is a ward, having no parents or it the parents have lost their parental rights or their functional capability, his/her guardian, who must be a citizen of the Republic of Slovenia, can register the child as citizen of the Republic of Slovenia, provided he/she has obtained the consent of the communal authority, competent for social welfare.

Article 6

A person above the age of eighteen years shall acquire citizenship of the Republic of Slovenia under the conditions from the first paragraph of the previous article if he/she personally declares for the registration into citizenship of the Republic of Slovenia prior to reaching 23 years of age.

A declaration under the first paragraph should be filed with the authority competent for keeping the record in which subsequently the person's birth data shall be entered, or with the authority of the Republic of Slovenia abroad competent for performing consular functions.

Article 7

The provisions under Articles 4, 5 and 6 for the acquisition of the citizenship of the Republic of Slovenia are valid also for adoptee foreigner - on condition that at least one of the adoptive parents has citizenship of the Republic of Slovenia and if the same relationship between the adoptee and the adoptive parents is obtained with such an adoption under the valid laws of the country the citizen of which is the adoptee, as the relationship between parents and children (hereinafter referred to as: complete adoption).

Article 8

According to Articles 5 and 7 hereof the acquisition of citizenship for a child older than 14 years also requires his consent.

A person that shall acquire citizenship of the Republic of Slovenia under the provisions under Articles 4, 5, 6 and 7 of the present act shall be regarded as a citizen of the Republic of Slovenia by birth.

2.         Acquisition of citizenship by birth on the territory of the Republic of Slovenia

Article 9

A child born or found on the territory of the Republic of Slovenia of unknown parentage or whose parents are of unknown citizenship or have no citizenship at all shall acquire citizenship of Republic of Slovenia.

Upon request of the parents, citizenship of the Republic of Slovenia shall cease for a child that acquired it as described in paragraph 1 of this article if it is discovered prior to the child reaching the age of 18 that the parents are foreign citizens. Citizenship shall cease on the day the decision about it was handed over to such a person.

3.         Acquisition of citizenship through naturalisation

Article 10

The competent authorities may within their discretion admit the petitioner through naturalisation to the citizenship of the Republic of Slovenia if the State is interested in such an act for national reason. The person shall fulfil the following conditions:

1.   that the person has reached 18 years of age;

2.   that the person has a release from current citizenship or can prove that such a release will be granted if he/she acquires citizenship of the Republic of Slovenia

3.   that the person has been actually living in the Republic of Slovenia for the period of 10 years, of which at least five years prior to the petition for citizenship must be without interruption;

4.   the person should have a guaranteed residence and guaranteed permanent source of income of an amount that enables material and social welfare;

5.   the person must demonstrate active command of the Slovenian language in an obligatory written and oral examination;

6.   that the person has not been sentenced in the state of which he/she was a citizen or in the Republic of Slovenia to a prison term longer than one year and for a criminal offence prosecuted by law if such an offence is punishable by the laws of its own country or by the laws of the Republic of Slovenia;

7.   that there is no ban on the person's residence in the Republic of Slovenia;

8.   that the person's admission to citizenship of the Republic of Slovenia poses no threat to public order or the security and defence of the State.

9.   the person must discharge his/her tax obligations.

The condition from item 2 of the preceding paragraph is considered as fulfilled if the person has no citizenship at all or if the person can submit the evidence that his/her own citizenship is cancelled through naturalisation by the law of his own State. In case the person submits the evidence that such dismissal can not be given by his/her State or that the voluntary acquisition of foreign citizenship is considered as an act of disloyalty sanctioned by the regulations of his/her State, a simple statement given by the petitioner shall suffice that he/she is willing to renounce foreign citizenship if the citizenship of the Republic of Slovenia shall be granted to the petitioner.

The obligatory examination of the command of the Slovenian language according to the item 5 of the first paragraph of this Article shall be taken by the person who applies for acquisition of the citizenship before the competent commission appointed by the Government of the Republic of Slovenia which shall also specify the criteria for the written and oral examination.

If criminal proceedings have been initiated for a criminal offence under item 6 of the previous paragraph, the competent body deciding on the admission into citizenship of the Republic of Slovenia shall suspend the procedure until a legally binding decision has been taken in the criminal proceedings.

If the petitioner has served his/her sentence or if all the legal effects of the sentence have ceased, the conditions under item 6 of the previous paragraph shall be considered as fulfilled.

Article 11

A written assurance may be issued to a person who has filed a petition for citizenship of the Republic of Slovenia, that he/she will acquire Slovenian citizenship if all the conditions under items 1, 3, 4, 5, 6, 7 and 8 of the first paragraph of the previous Article are fulfilled.

Should a person mentioned above not present the evidence requested under item 2 of the first paragraph of the previous Article within a period of two years after the receipt of the aforesaid written assurance, it shall be considered that the person has withdrawn his/her petition.

Article 12

If such act is in accordance with the interest of the State for national reason, the competent authority may within its discretion admit a Slovenian expatriate and his/her descendant to the third generation in direct descent to the citizenship if the above mentioned have resided in Slovenia continuously for at least one year and if the conditions referred to in items 1, 4, 5, 6, 7 and 8 of the first paragraph of Article 10 hereof have been fulfilled.

If such act is in accordance with the interest of the State for national reason, the competent authority may within its discretion admit to the citizenship of the Republic of Slovenia the person who has been married to a citizen of the Republic of Slovenia for at least two years and has lived in Slovenia continuously for at least one year and if the conditions referred to in items 1, 2, 4, 5, 6, 7 and 8 of the first paragraph of Article 10 hereof have been fulfilled.

The petitioner from the preceding paragraph may, according to the special application, acquire the citizenship of the Republic of Slovenia even if the conditions referred to in item 2 of Article 10 hereof have not been fulfilled, provided that the Government of the Republic of Slovenia gives its consent.

Article 13

Notwithstanding the conditions under Article 10 of the present Act a person over 18 years of age may obtain citizenship of the Republic of Slovenia through naturalisation if this is to the benefit of the state for scientific, economic, cultural, national or similar reasons.

The existence of reasons from the preceding paragraph shall be preliminarily stated by the Government of the Republic of Slovenia on the basis of the opinion of the authorised ministerial office and the Government may at the same time demand the fulfilment of one or more conditions from the first paragraph of Article 10 hereof.

Article 13a

Notwithstanding the conditions under Article 10 of the present Act a person over 18 years of age may obtain citizenship of the Republic of Slovenia through naturalisation if that person is of Slovenian origin through at least one parent and his/her citizenship of the Republic of Slovenia ceased due to dismissal, renunciation or deprivation or because the person has not acquired Slovenian citizenship due to historical circumstances.

The Government of the Republic of Slovenia shall preliminarily state their opinion on the acquisition of citizenship of the Republic of Slovenia pursuant to the preceding paragraph.

An application for the acquisition of citizenship pursuant to the first paragraph of this Article shall be submitted to a diplomatic consular mission of the Republic of Slovenia abroad or to an authorised representative of the Republic of Slovenia; if there is no such representation in the country in which the person resides, the application shall be sent directly to the ministry competent for internal affairs. The application shall be accompanied by a CV, evidence on a permanent source of income, a certificate proving that the person has not been punished issued by the competent authority of the State the citizen of which the person is, as well as evidence on origin.

Article 14

A child under the age of eighteen shall acquire citizenship of the Republic of Slovenia if so requested by his/her parents that have acquired Slovenian citizenship through naturalisation.

If one of the parents has acquired citizenship of the Republic of Slovenia through naturalisation, a child under the age of eighteen shall acquire it as well upon request by the said parent and if the child lives with the parent in the Republic of Slovenia.

The citizenship of the Republic of Slovenia may be granted to the child having no parents or whose parents have lost their parental rights or their functional capacity and who has lived in Slovenia since his birth, on the grounds of a petition by his/her guardian who is a citizen of the Republic of Slovenia and who lives with the child, provided that the consent has been obtained from the communal authority competent for social welfare if the acquisition of citizenship represents the benefit to the child.

If the child is over the age of fourteen, his/her consent is also necessary to acquire citizenship as described in the previous paragraphs of this Article.

In the case of adoption, where there is no such relation between the adoptive parent and the adoptee as between parents and children, an adoptee can acquire citizenship of the Republic of Slovenia upon request of his/her adoptive parents, citizens of the Republic of Slovenia, under the condition that the child is not older than eight years and that he/she lives permanently with the adoptive parents in the Republic of Slovenia.

Article 15

Whoever shall acquire citizenship of the Republic of Slovenia through naturalisation or in accordance with the provisions of Articles 40 and 41 of the present Act, shall become a citizen of the Republic of Slovenia as of the day the written decree on citizenship of the Republic of Slovenia is handed over to the petitioner.

Article 16

The body which issued a decree on the acquisition of citizenship through naturalisation may also invalidate the said decree within three days of its being handed over to the petitioner if in that period it is discovered that the naturalisation was achieved by false declarations or by deliberate concealment of essential facts or circumstances which might have influenced the decision.

The decree is also invalidated if the person acquired the citizenship of the Republic of Slovenia on the grounds of foreign State's guarantee that the foreign citizenship will cease to exist if the person acquires the citizenship of the Republic of Slovenia, provided that within a period determined in the decree on acquisition of the citizenship the person will not submit the evidence of cessation of his previous citizenship.

Such a decree may not be invalidated in a case when a person who has acquired citizenship of the Republic of Slovenia shall thereby remain without any citizenship.

In a case when a decree on the naturalisation of the parents has been invalidated a decree on the naturalisation of their children under the age of eighteen may also be invalidated if the children acquired citizenship of the Republic of Slovenia through naturalisation together with their parents.

III.     CESSATION OF CITIZENSHIP

Article 17

Cessation of citizenship of the Republic of Slovenia shall be done:

1.   by dismissal,

2.   by renunciation,

3.   by deprivation,

4.   by international agreement.

1.         Cessation of citizenship by dismissal

Article 18

Citizenship of the Republic of Slovenia of a Slovenian citizen ceases with dismissal (hereinafter referred to as: dismissal from citizenship of the Republic of Slovenia), if a citizen demands it and if the following conditions are fulfilled:

that the petitioner is over the age of 18;

that the person actually lives in a foreign country;

that there are no military service obligations;

that all due debts and other lawful obligations have been settled;

that all maintenance obligations arising from matrimony and from the parent and child relation have been settled with persons that reside in Slovenia;

that there is no criminal prosecution for a criminal offence prosecuted by law currently running against such a person in Slovenia and that any possible sentence was served before the petition;

that the person can prove or has proof that he/she will be granted foreign citizenship.

The state administrative defence agency shall regulate in details the military service obligations under item 3 of this Article.

The authority competent for making decisions on dismissals may reject a petition for dismissal from citizenship of the Republic of Slovenia even though the conditions referred to in the first section are fulfilled, if such a solution is made necessary for reasons of safety or defence of the state or if required for reasons of reciprocity or for other reasons connected with a relationship with a foreign state.

The authority competent for making decisions on dismissals may reject the petition for dismissal from citizenship of the Republic of Slovenia although the conditions under the first paragraph of this Article have been fulfilled, if so required in the economic, social and national interests of the State.

Article 19

A dismissal guarantee may be issued to a person that has applied for dismissal from citizenship of the Republic of Slovenia although the conditions under items 2 and 7 of the previous Article have not been fulfilled.

Should a person to whom a guarantee under the previous paragraph has been issued not present proof in the period of two years after such a guarantee was handed over that he/she has actually moved from the Republic of Slovenia and that he/she will or already has acquired foreign citizenship, it shall be considered that the person has withdrawn his/her petition.

Article 20

Citizenship of the Republic of Slovenia of a person that has applied for a dismissal from citizenship shall cease on the day the decree of the dismissal is handed over to the petitioner.

Article 21

The authority deciding on the dismissal from citizenship of the Republic of Slovenia may also cancel the decree of the dismissal if so required by the petitioner and if such person did not acquire foreign citizenship within a year after the receipt of the decree.

A written application for the cancellation of dismissal may be filed within a year after the receipt of the decree of the dismissal has been handed to a person.

Article 22

Citizenship of the Republic of Slovenia of a child up to the completed age of eighteen years shall cease at the request of both parents whose citizenship has been terminated by dismissal or of just one of the parents who has obtained dismissal from citizenship when the other is not a citizen of the Republic of Slovenia.

Citizenship of the Republic of Slovenia shall cease by dismissal for a child whose parents are separated on request of the parent with whom the child resides or was allocated for care and education and who has also requested dismissal from citizenship of the Republic of Slovenia, or if the parent with whom the child resides is an alien. In both cases the consent of the other parent is required.

If the other parent does not agree to the dismissal of the child from citizenship of the Republic of Slovenia, the child may obtain dismissal if the State agency competent for social welfare gives its consent to the child's dismissal if it will benefit the child.

Such consent should be attached to the petition for dismissal of a child from citizenship of the Republic of Slovenia.

It is unnecessary to obtain the consent under paragraphs 2 and 3 if the whereabouts of the second parent are unknown or if the second parent's functional capacity and parental rights have been taken away.

Article 23

In the case of complete adoption, citizenship of the Republic of Slovenia of an adoptee under the age of eighteen who has Slovenian citizenship, may cease with dismissal, if so required by the adoptive parent who is either an alien or an adopter who has applied for dismissal from citizenship of the Republic of Slovenia, if all the conditions from the previous article are fulfilled.

Article 24

A child over the age of fourteen must give his personal consent for the cessation of citizenship of the Republic of Slovenia.

2.         Cessation of citizenship by renunciation

Article 25

Any adult citizen of the Republic of Slovenia, born in a foreign country and residing there, and who also has foreign citizenship may renounce citizenship of the Republic of Slovenia until the age of 25 years.

If the citizen of the Republic of Slovenia fulfils the requirements under the previous paragraph, the body competent for deciding on renunciation may issue a decree stating that citizenship of the Republic of Slovenia ceased to such a person as on the day that such statement of renunciation of citizenship of the Republic of Slovenia was filed.

The renunciation of citizenship of minors should be done in the sense of the provisions under Articles 22, 23 and 24.

3.         Cessation of citizenship by deprivation

Article 26

A citizen of the Republic of Slovenia, actually residing in a foreign country and in possession of foreign citizenship, may be deprived of citizenship of the Republic of Slovenia if it is ascertained that his/her activities are contrary to the international and other interests of the Republic of Slovenia.

Activities considered contrary to the international and other interests of the Republic of Slovenia, include:

if the person is a member of any organisation engaged in the activities to overthrow the Constitutional order of the Republic of Slovenia;

if a person is a member of a foreign intelligence service and as such jeopardises the interests of the Republic of Slovenia or if he/she harms such interests by serving under any government authority or organisation of a foreign State;

if the person is a persistent perpetrator of criminal offences prosecuted ex officio and of offences against public order;

If the person refuses to carry out the duty of the citizen of the Republic of Slovenia prescribed by the Constitution and the Law, ignoring the appeal of the competent authority.

The person shall be considered to possess the foreign citizenship if possessing a foreign passport or performing military service according to the regulations of the State or if he/she is employed with the authorities or in military service of the foreign State.

A decree on the deprivation of citizenship of the Republic of Slovenia may exceptionally be issued without the presence of the party in the procedure.

Citizenship of a person deprived of citizenship of the Republic of Slovenia, ceases on the day the decree was handed over to the person. If the decree could not be handed over, citizenship of the Republic of Slovenia shall cease on the day the decree is published in the Official Gazette of the Republic of Slovenia.

IV.     COMMON PROVISIONS

Article 27

The competent state administrative agency for internal affairs shall decide about the acquisition of citizenship of the Republic of Slovenia through naturalisation, about the cessation of citizenship and about issuing an assurance under Articles 11 and 19 of the present Act.

A petitioner shall file a petition for the acquisition of citizenship with the administrative body competent for internal affairs of the community where the petitioner has permanent or temporary residence. A petition for dismissal from citizenship and an assertion of the renunciation of citizenship shall be filed with the body of the Republic of Slovenia in a foreign country competent for consular affairs. If it were impossible for objective reasons to do as above, the petition should be filed with the state administrative agency competent for internal affairs.

A petition for the acquisition of citizenship of the Republic of Slovenia in accordance with Article 13 of the present Act should be filed with the state administrative agency competent for internal affairs. If the petitioner lives in a foreign country the petition should be filed with the body of the Republic of Slovenia competent for consular affairs in the foreign country.

Article 28

The criteria which ascertain the national interest for admission to citizenship of the Republic of Slovenia according to Articles 10, 12 and 13 hereof and for refusal of dismissal petition from the citizenship of the Republic of Slovenia according to paragraph 4 of Article 18 hereof shall be specified by the Government of the Republic of Slovenia. The Government of the Republic of Slovenia shall also specify the criteria of the conditions referred to in items 3, 4 and 8 of the first paragraph of Article 10 hereof.

Article 29

The administrative body competent for internal affairs of the community in which the petitioner has permanent residence shall ascertain citizenship in the first degree. Upon the request of any individual person about their citizenship, the cited authority must issue a decree of ascertainment. This body shall issue such a decree also upon the request by an authority conducting a procedure in connection with the implementation of individual's rights.

Article 30

Acquisition or loss of citizenship shall be reported to the authorities competent for keeping the register of births, the register of permanent residents and to all other authorities that are obliged to keep data on the citizenship of individuals in accordance with the Official Register Act.

V.      RECORDS ON CITIZENSHIP

Article 31

Record keeping of citizenship of the Republic of Slovenia in the register of birth, since citizenship is a constituent part of the civil status of any individual, is done in compliance with the provisions of the Registers Act.

If the citizen of the Republic of Slovenia was not born in Slovenia, his/her citizenship must be entered in the register together with the supplementary registration of the person's birth, in compliance with the provisions of the Registers Act.

Article 32

The state administrative agency competent for internal affairs keeps the central citizenship register in order to enable a complete record of citizenship of the Republic of Slovenia.

Article 33

The Central citizenship register shall contain the following data:

name and family name; date and place of birth; unified personal registration number of the citizen; permanent and temporary residence; data of the registration in the birth register (if a person is registered in the citizenship register, established under earlier valid rules, the data of such registration should also be entered).

For citizens of the Republic of Slovenia who acquired Slovenian citizenship with a decree of the authority competent for deciding on naturalisation or through an international agreement, the Central register shall include also the following data (besides the data cited above):

professional and educational qualifications; residence on the date of naturalisation (if the residence is the same as described in item 4 of the previous paragraph, there is no need to fill it in); citizenship before naturalisation, if unknown then the nationality must be entered in the file; number and date of decree and the authority which issued such a decree; the legal basis and the mode of acquisition of citizenship respectively; the date of the acquisition of citizenship of the Republic of Slovenia.

Data on nationality under point 3 of the preceding paragraph may be registered only with the consent of the person to whom this data relates. This register includes for persons whose citizenship of the Republic of Slovenia has ceased also the following data besides the data from the first paragraph of the present article:

profession and educational qualifications; residence before departure abroad; residence at the time of dismissal from citizenship; number and date of the decree and the name of the authority that issued decree on cessation of citizenship; the date of cessation of the citizenship of the Republic of Slovenia; foreign citizenship; date of emigration; reason for the request for cessation of citizenship of the Republic of Slovenia.

Besides the data under the first paragraph of the present article the Central Register of the citizens of the Republic of Slovenia who also have foreign citizenship, shall also include information on foreign citizenship and the date of its acquisition.

Personal data are kept in the Central Register of Citizenship for a period of 50 years after the date of the death or cessation of citizenship of a person to which these data apply.

After the end of the period from the previous paragraph the data shall be archived.

Article 34

Data for the register of citizenship shall be gathered directly from the persons it relates to.

Whenever possible and irrespective of the first paragraph the data may be gathered:

from the register of births;

from the register of citizenship;

from public documents;

from other persons in accordance with the law.

Article 35

Personal data from the register of citizenship may be used by the employees of agencies of internal affairs when performing their duties defined by law.

The authorities keeping the register of citizenship can forward to other users the data from these records only if the users are authorised by law to use such data or upon the consent or request of the individual they relate to.

The users of the data referred to in the previous paragraphs are not allowed to forward such personal data to any other user and may use the data only for the purposes for which it was provided.

Article 36

The State administrative agency competent for internal affairs can forward personal data of an individual, included in the register of citizenship and under the condition of reciprocity, to other States, if the following conditions are fulfilled:

if the data are forwarded to agencies of other States, competent for matters of citizenship;

if the recipients of the data bind themselves to use the received data only for purposes in connection with settling citizenship matters, and in any other case only if it is urgently needed for the realisation of penal proceedings, and if the communication of such data will be of undoubted benefit for the individual they relate to;

if in the State where the agency to which such data is communicated has its seat, the protection of personal data is guaranteed also for foreigners.

The fact under item 3 of the previous paragraph shall be established by the state administrative agency competent for foreign affairs.

Article 37

Citizenship of the Republic of Slovenia is proved with an attestation or any other public document of citizenship issued by the agency competent for managing the official register in which the citizenship of the person is entered, or by the agency competent for internal affairs of the community where the person permanently resides.

Article 38

If the procedure for the establishment of citizenship or for the cessation of citizenship of the Republic of Slovenia was introduced upon the demand of a petitioner and it is impossible to end it without his/her cooperation, his/her silence shall be considered as the withdrawal of the matter if the person, despite an admonition from the competent agency, does nothing within the given term to continue or to end the procedure, or if it could be ascertained from the omission of such deeds that the person is no longer interested in the continuation of the procedure.

The procedure may be ended on the basis of reasons from the first paragraph only after three months have expired from the admonition.

VI.     TRANSITIONAL PROVISIONS

Article 39

Any person who held citizenship of the Republic of Slovenia and of the Socialist Federal Republic of Yugoslavia according to existing valid regulations is considered to be a citizen of the Republic of Slovenia.

Article 39a

A citizen of the Republic of Slovenia is considered to be the person who had a registered permanent residence on December 23 1990 in the Republic of Slovenia and has permanently and actually lived here since that date, provided that person acquired the citizenship of the Republic of Slovenia according to Article 37 of Citizenship Act of the Federal People's Republic of Yugoslavia (Official Gazette of the Democratic Federal Yugoslavia No. 64/65 and Official Gazette of the federal People's Republic of Yugoslavia Nos. 54/46, 104/47, 88/48 and 105/48), provided that the person acquired citizenship of any other republic of the former Yugoslavia until December 21, 1950, although the person did not make a statement according to the second paragraph of Article 37 of the Citizenship Act of the Federal People's Republic of Yugoslavia dated July 1 1946 (Official Gazette of the Federal People's Republic of Yugoslavia No. 90/46).

The person who applies for the recognition of the citizenship of the Republic of Slovenia according to the preceding paragraph shall present the evidence of the legal basis on which the entry to the register of citizenship was made in any other republic of the former Socialist Federal Republic of Yugoslavia.

Article 40

A citizen of another republic that had permanent residence in the Republic of Slovenia on the day of the Plebiscite of the independence and autonomy of the Republic of Slovenia on December 23, 1990 and actually lives here, can acquire citizenship of the Republic of Slovenia on condition that such a person files an application with the administrative agency competent for internal affairs of the community where they reside.

Regardless of whether the person fulfils the conditions from the preceding paragraph a petition for citizenship of the Republic of Slovenia is turned down if the person has since June 26, 1991 committed a criminal offence from Chapter 15 or 16 of the Penal Code of the Socialist Federal Republic of Yugoslavia (Official Gazette of the Socialist Federal Republic of Yugoslavia, nos. 44/76, 34/84, 74/87, 57/89, 3/90 and 38/90) directed against the Republic of Slovenia or other values which in accordance with the provision of the first paragraph of Article 4 of the Constitutional Law on the Implementation of the Fundamental Constitutional Deed on Independence of the Republic of Slovenia are protected by the penal legislation of the Republic of Slovenia irrespective of where the offence was committed. If criminal proceedings were instigated for the offence, the procedure for the acquisition of citizenship is suspended until the criminal proceedings are finished.

Regardless of whether the person fulfils the conditions from the first paragraph of this Article the petition may be turned down if the reasons from item 8 of the first paragraph of Article 10 of this Act apply to the petitioner.

A child under the age of eighteen can acquire citizenship of the Republic of Slovenia under provisions of Article 14 of the present Act.

Article 41

The person younger than 23 and older than 18 who was born in Slovenia can declare himself/herself citizen of the Republic of Slovenia if one of his/her parents was citizen of the Republic of Slovenia at the time the person was born but his/her parents later agreed on citizenship of another republic of the former Socialist Federal Republic of Yugoslavia.

Article 42

The state administrative agency competent for internal affairs shall decide on acquisition of citizenship of the Republic of Slovenia on the basis of Articles 40 and 41 of the present Act.

Article 43

The citizenship of persons who were citizens of the Republic of Slovenia according to the rules valid until now and have not been registered in the register of citizens of the Republic of Slovenia, shall be entered in the register of births subsequently on the basis of a decree of ascertainment officially issued by the competent community body. If the birth of such a person is not yet registered the citizenship must be registered together with the birth date in compliance with the Registers Act.

Article 44

Certificates of citizenship of the Republic of Slovenia, based on records kept by earlier valid rules, shall be issued by the body competent for internal affairs keeping such records or the administrative body competent for internal affairs of the community where the person permanently resides.

Article 45

The state administrative agency competent for internal affairs shall keep separate records until the Central Record under Article 32 of the present Act shall be established. Such records are: the acquisition of citizenship of the Republic of Slovenia by naturalisation, by admission into citizenship, by admission of citizens of other republics into citizenship of the Republic of Slovenia; dismissal, quit claim and deprivation of the citizenship; loss of citizenship of the Republic of Slovenia through absence; a record of persons who opt for Italian citizenship and partial evidence of persons with dual citizenship.

Records from the previous paragraph include data under Article 33 of the present Act which were gathered in the way defined in Articles 34, 35 and 36 of the present Act.

Article 46

The head of the state administrative agency competent for internal affairs shall issue detailed rules on keeping the Central Record of Citizenship.

VII.    FINAL PROVISIONS

Article 47

The validity of the Law on Citizenship of the Socialist Republic of Slovenia (Official Gazette of the SRS, No.: 23/76) ends on the day of the entry into force of the present Act.

Article 48

The present Act shall come into force on the day of its publication in the Official Gazette of the Republic of Slovenia.