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LEGAL CONSEQUENCES OF DUAL CITIZENSHIP

 In recent days, increasing attention to the issue of dual citizenship in Ukraine, the development of a bill on dual citizenship. At the same time, this issue has been repeatedly discussed in public, and therefore it is worth following the specific actions, not just the information content in the media. Therefore, we consider in this context the question of the consequences of detecting dual citizenship.

 According to the basic law of the state – the Constitution of Ukraine, there is a single citizenship in Ukraine (Article 4). Most people believe that dual citizenship is prohibited in Ukraine. However, if guided by the Law of Ukraine “On Citizenship of Ukraine” № 2235, if a Ukrainian has acquired another citizenship, then in relations with the state, such a person is considered only a Ukrainian. At the same time, as indicated in Article 19 of the Law, in case of voluntary acquisition of another citizenship, the citizenship of Ukraine is actually lost.

Applying for an application or other document for the acquisition of foreign citizenship is grounds for voluntary loss of Ukrainian citizenship, unless:

  • The child simultaneously acquired the citizenship of Ukraine and another state at birth;
  • As a result of the adoption of the child by foreigners, she acquired the citizenship of the adoptive parents;
  • Citizenship is automatically acquired as a result of marriage to a foreigner;
  • Another citizenship was automatically acquired, but no supporting document was received.

The consequences of detecting dual citizenship may be as follows:

  • The person is subject to the dual responsibilities of each state;
  • Special attention of law enforcement agencies in connection with the protection of national security and prevention of intelligence, counterintelligence or subversive activities;
  • Lack of possibility to apply mechanisms of diplomatic protection;
  • Difficulty in military service.

 The issue of dual citizenship and its consequences should not be equated with the fact that a person has a passport of another state. This is due to the fact that there are a number of companies that illegally “help” to obtain a passport of another country. At the same time, it has nothing to do with the actual acquisition of the legal status of a citizen of another country. On the contrary, a person, using the services of the above companies, runs the risk of being prosecuted. Thus, Article 358 of the Criminal Code of Ukraine provides for liability for forgery of documents and their use. The sanction carries a maximum penalty of up to five years in prison. In addition, there may be problems at the border, as the “fictitious” passport is not related to the entry of information in the migration registers. Therefore, if such a factor is detected at the border, the person will be detained.

 Therefore, use only reliable and proven professionals who provide migration services. Choose a law firm “Prikhodko and Partners”, we will provide you with qualified assistance quickly, efficiently and in strict accordance with Ukrainian law.

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