Who decides on the recognition of a stateless person?

Article 1 of the Law "On the Legal Status of Foreigners and Stateless Persons" states that a stateless person is a person who is not considered a citizen of any state in accordance with their legislation. In this context, it is also worth mentioning the concept of stateless persons. These are stateless persons whose legal status within the state of their residence, with some exceptions, is equivalent to that of citizens. If you are interested in specific aspects of the stay and rights of stateless persons in Ukraine, you can contact the lawyers of the Prikhodko & Partners Law Firm, who will provide you with quality advice on such topics.

For what reasons may a person not have citizenship?

Regarding the answer to the question of who decides on such a person's status, it should be noted that it all depends on the circumstances of a particular case. For example, Ukrainian citizens do not have the opportunity to renounce their citizenship if this step will lead to statelessness. However, there are countries where this can be done. In this case, the person acquires the relevant status because he or she has chosen to renounce citizenship on his or her own initiative. In some countries, according to their legislation, a woman loses her citizenship by marrying a foreigner.

As for the cases when a person can become stateless, they are also as follows

1. birth to stateless parents who did not wish their child to become a citizen of the state where he or she was born;
2. deprivation of citizenship by the state (for example, in some countries, such a legal remedy can be applied when there are political or ethical motives, or security considerations that are important for such a state);
3. loss of privileges of previously acquired citizenship (if it was obtained, for example, by marriage);
4. termination of the existence of the state.

An important legal act regulating the status of stateless persons is the Convention relating to the Status of Stateless Persons. A very important provision of this Convention is that this status does not apply to refugees.

What should you know about the rights of stateless persons in Ukraine?

According to the current legislation of Ukraine, stateless persons and foreigners who legally reside in our country enjoy almost all the rights and freedoms that citizens do. The same applies to duties. The list of exceptions is established by the Constitution, laws, and international treaties to which Ukraine is a party.

 
As for the recognition of a stateless person in Ukraine, an application for such status is submitted to the State Migration Service. It can be submitted only by an adult person with legal capacity. Applications for statelessness are considered within 6 months. In some cases, the period may be extended up to 12 months. Along with the application, you must submit

• an identity document or a document confirming the right to enter and leave Ukraine (issued by another state);
• a document confirming that the person is not a citizen of another country.

It may also be a document confirming the information provided in the application.

If you need quality advice or legal support for the above process, you can contact the team of Prikhodko & Partners Law Firm. We have experts who specialize in providing such services.