Ukraine/Israel: Whether former citizens of the Soviet Union, who were born in the Ukraine but emigrated to Israel in 1990, can apply for Ukrainian citizenship; whether former citizens of Ukraine who emigrated to Israel after 1991, can apply for restoration of Ukrainian citizenship; the procedures involved in the acquisition and restoration of citizenship; whether ethnic or religious minorities have encountered difficulties in seeking restoration of Ukrainian citizenship; reports or statistics of former Soviet Union citizens who emigrated to Israel and later returned to Ukraine

The following information was received from the Ukraine office of the International Organization for Migration (IOM) on 9 February 1998, in response to questions posed by the Research Directorate:

1. Can former citizens of the Soviet Union, born in Ukraine, who became Israeli citizens, have their Ukrainian citizenship restored according to Article 17 of the Law of Ukraine on Ukrainian citizenship?

The former citizens of the Soviet Union can acquire Ukrainian citizenship. Article 2, Clause 3 of the Law on Ukrainian Citizenship grants the right to the persons, born or resident outside Ukrainian territory as of November 13, 1991, as well as to their ancestors (children, grandchildren) and if they are not citizens of other countries to acquire Ukrainian citizenship by 31 December 1999 upon submitting respective application stipulated by this Law. The application is to be submitted to the local internal affairs office at the place of person's residence. If a person resides abroad the application is submitted to the respective diplomatic or consular representative of Ukraine.

The applicant is to submit also:

1) Application questionnaire

2) 3 photographs

3) Documents confirming the birth of the applicant on the territory of

Ukraine or his/her residence in Ukraine or the documents which confirm relationships with such person or the court decision

4) Documents confirming absence or termination of the citizenship of another country.

Determination of the citizenship of the persons residing in Ukraine is the responsibility of the Ministry of Internal Affairs of Ukraine. Determination of the citizenship of the persons residing outside Ukraine is the responsibility of the Ministry of Foreign Affairs of Ukraine.

Article 11 of the Law gives reasons for acquisition of Ukrainian citizenship.

Article 16 of the Law gives the conditions of admission to Ukrainian citizenship, which are:

1) Recognition of the Ukrainian Constitution and Ukrainian Laws

2) Absence of foreign citizenship

3) Legal residing on the territory of Ukraine for the period of the last five years. This rule doesn't extend to the persons who were born on the territory of Ukraine and are willing to receive Ukrainian citizenship

4) Knowledge of Ukrainian language in the volume permitting to communicate

5) Availability of legal sources of income

2. Can former citizens of Ukraine, who left after the declaration of Ukrainian independence in 1991 and became Israeli citizens, have their Ukrainian citizenship restored according to Article 17 of the Law of Ukraine on Ukrainian citizenship?

According to the Article 17 of the Law on Ukrainian Citizenship, a person who was Ukrainian citizen in the past can restore his/her Ukrainian citizenship.  The procedure will not include provisions of paragraph 1, clause 3 part of the Article 16 of the Law (permanent residence in Ukraine for the last five years).

3. What are the procedures involved in seeking restoration of Ukrainian citizenship? Are there published regulations that supplement the Law of the Ukraine on Ukrainian citizenship? If so, can you provide a copy?

The procedure is given in the Instruction of the Ministry of Internal Affairs of 30 March 1998 N0211. Registered in the Ministry of Justice on 8 May, 1998 No292/2732. Below are the abstracts from this instruction.

1. General provisions

This instruction has been developed according to clause 3 of the Decree of the President of Ukraine of 6 November 1997 No 1247/97 "On the measures to improve organization of consideration of the matters related to citizenship" to define the procedure of acquisition and processing of applications and other documents related to citizenship at the Ministry of Internal Affairs of Ukraine (MIA). General Department of MIA in Crimea (hereinafter GDMIA), Departments in Kyiv and Kyiv oblast and in Sevastopol (hereinafter - DMIA).

1.1. According to the Article 29 of the Law of Ukraine on The citizenship of Ukraine (hereinafter - the Law), the offices of internal affairs:

* Receive from the persons, who permanently reside in Ukraine, application on the matters of Ukrainian citizenship and submit them together with accompanying documents for the consideration of the President of Ukraine;

* Determine admissibility of the persons residing in Ukraine for Ukrainian citizenship;

1.2. Persons residing abroad Ukraine, apply on the matters of citizenship to MFA of Ukraine or to diplomatic or consular offices of MFA of Ukraine abroad.

2. Procedure of determination of Ukrainian citizenship and the list of required documents

2.1. The applicant shall submit to the internal affairs office the application on acquisition of Ukrainian citizenship accompanied with the following documents:

2.1.1. If he is born in Ukraine:

a) Application-questionnaire (appendix 1)

b) Three photographs of the size of 35 x 45 mm

c) Documents evidencing the birth of the applicant on the territory of Ukraine (birth certificate or a copy of the record from the registrar's office.

d) Document on the absence or termination of the citizenship of the foreign state, issued by the authorized bodies of this state.

2.1.2. If he resides on Ukrainian territory:

a) Application-questionnaire (appendix 1)

b) Three photographs of the size of 35 x 45 mm

c) Document certifying that the applicant resides in Ukraine (one of the following is attached: registration stamp, certificate of secondary education, decision of the court, copy of labor record, certificate confirming labor and administrative links with  the administrative unit)

d) Document on the absence or termination of the citizenship of the  foreign state, issued by the authorized bodies of this state.

2.2. In case of absence of documents confirming fact of birth or residence of the applicant or his relatives on the territory of Ukraine, family relationships of the persons, registration of the child's adoption, as well as in case of absence of the marriage or divorce certificate, other legal facts important for determination of admission of the applicant into Ukrainian citizenship, the applicant is to submit to the local internal affairs office court decision on this matter.

2.6. Application on citizenship is considered within the term of one month from the moment of receiving from the applicant all necessary documents.

3.7. The application for reinstatement in the citizenship of Ukraine is to be submitted with the following documents:

a) Application-questionnaire in two copies, where he/she certifies the recognition and observance of the Constitution of Ukraine and other Ukrainian Laws (appendix 2)

b) Three photographs of the size of 35 x 45 mm

c) Birth certificate

d) Document confirming payment of state duty or waiver from paying duty

e) Document confirming legal sources of living

f) Document on the absence or termination of the citizenship of the foreign state, issued by the authorized bodies of this state.

g) Certificate on the knowledge of Ukrainian language, which is issued by director of educational establishment, local administrative body or local legislative body (appendix 6). Persons holding document on graduation from educational establishment with study of Ukrainian language (copy of diploma certifying the fact) do not submit certificate on the knowledge of Ukrainian.

3.8. Notarized declaration on the absence of foreign citizenship is submitted in case when the applicant did not acquire the citizenship of the country of the previous residence; left the territory of the country of previous residence before the law on citizenship in that country came into force; did not express the will to acquire the citizenship of the state if the law envisages submitting respective application; the applicant belonged to the category of persons who could not acquire the citizenship according to the law on citizenship of the country of residence (appendix 8).

3.9.Notarized declaration on refusal from foreign citizenship (appendix  9) is to be submitted in case when the person, having all envisaged by the laws of the country of previous residence grounds to withdraw from the citizenship of this country, cannot obtain this document due to the reasons beyond his/her control. Bad financial situation, decease or long terms of decision on the matter of citizenship will not be taken into consideration as a reason.

Person, who submits declaration on refusal from the foreign citizenship, shall confirm the fact of application to the authorities of the state of his citizenship by a document and receive a document on termination of citizenship. In case of absence of such documents submission of declaration on refusal from foreign citizenship shall be considered as unreasoned. 

3.11.In case if child is 16 years old, the application of the parent, who applies for Ukrainian citizenship and applies for the Ukrainian citizenship for the child, shall attach to his application notarized application of the child with agreement of this child to acquire Ukrainian citizenship (appendix 11). The application is to be submitted by the children in the age of 16-18 years. In case if both parents are admitted to Ukrainian citizenship, application of children is attached to the application of one of the parents.

6. Consideration of documents received from MFA of Ukraine. In case GDMIA, MIA receives requests from MFA of Ukraine regarding Ukrainian citizenship of the persons, permanently or temporarily residing outside Ukraine, it is necessary to perform a check of all facts of living on the territory and the citizenship of such persons in the periods when he/she lived on this territory. Such persons are also checked through the archives of passport and registration office, which issued Ukrainian passport.

4. Have there been any reports of persons encountering difficulties in having their Ukrainian citizenship restored? If so, please provide details.

We are not aware of any such reports or complaints.

5. Are there any reports or statistics available concerning persons from Ukraine who had emigrated to Israel but then returned to Ukraine?

At present there's no report or statistics on the matter.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Response.

Reference

International Organization for Migration (IOM), Ukraine. 9 February 1999. Email with attachments.

Additional Sources Consulted

International Organization for Migration (IOM). 1998. CIS Migration Report. Geneva: IOM.

_____. 1996. Legislative Acts of the CIS and the Baltic States on Citizenship, Migration and Related Matters. Moscow: IOM.

International Migration [Geneva]. 1992 - 1998.

International Migration Review [New York]. 1992 - 1998.

Migration News Sheet [Brussels]. 1998.

Migration World [New York]. 1998.

Transitions [Prague].

Fax sent to the Embassy of Ukraine.

Three oral sources did not respond within the applicable deadline.

Electronic sources: IRB Databases, Internet, LEXIS/NEXIS, REFWORLD, WNC.