STATUS OF STATELESS PERSONS – CONSEQUENCES AND DOCUMENTATION

Now in the world, the problem of statelessness lies in modern shortcomings regarding the attitude towards certain nations, or due to certain discrimination (for a specific attitude towards ethnic, age, gender or political reasons), in other words, the eradication of a certain nation from some territory.

Also, the problem may lie in the legal systems, for example, due to gaps in the practice of granting citizenship or due to the collapse of the state (the collapse of the USSR is a famous example). Also, more often, children remain in this status due to being born stateless (for example, if a child was born to parents in the same status).

So far, you can hear another frequently used concept - stateless person, which also means the name of a stateless person.

So, the main problem and, one might even say, the danger for such persons is that in the future they will be limited in registering their birth, subsequently there will be difficulties in obtaining or not obtaining education, marriage registration and employment. And then, even after the death of a person, a death certificate will not be issued.

Ukraine, as a modern independent state of European example, joined the UN Convention on the Status of Stateless Persons in 2013. Ukraine also had the honor to accede to the 1961 UN Convention on the Reduction of Statelessness, and finally the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” was adopted, where it formalized the international definition of the status of a stateless person.

With the adoption of the Law, persons who do not have citizenship of any country got the opportunity to exercise their rights and freedoms, which were indicated above - to receive education, have an official job, marry, even acquire ownership of real estate and receive social health insurance packages .

Also, a special risk of being a stateless person is for those who have difficulty confirming the fact of belonging to a particular citizenship. Individuals who had documents confirming their identity before 1991 and after the formation of independent Ukraine did not change their citizenship passport faced particular difficulty.

If at the time of the collapse of the USSR (as of August 24, 1991) you permanently resided on the territory of Ukraine, regardless of what language you speak, what color your skin is and what political preferences, or if you have had a permanent residence permit since then in these territories, then in such cases you are automatically recognized as a citizen of Ukraine.

Now about the documents that must be submitted to establish the fact of belonging to the citizenship of Ukraine. If you have a passport of the former USSR, you must submit:

• An application filled out at the State Migration Service at the place of submission, containing information that you relate to the citizenship of Ukraine.
• A copy of the document of the former USSR confirming your person with the obligatory indication of the place of registration as of August 24, 1991, or that the entry "citizen of Ukraine" as of November 13, 1991 was made there.

If you do not have a passport or there is no relevant information in it, then in this case you submit:

• Judgment confirming the fact of your residence on the territory of modern Ukraine and establishing the legal fact of your being a citizen of the USSR as of August 24 or November 13, 1991.
• Establishment of your face in accordance with the court decision.
• An application for issuing a passport of the former USSR is called "Form 1". It turns out in the territorial body of the State Migration Service, where you were issued a passport of a citizen of the former USSR.

Important to remember! In order to apply to the court for the establishment of legal facts, it is necessary to have an official response from the State Migration Service that there is a recommendation to apply to the court for the establishment of facts in connection with the refusal of extradition.

Consequently, the status of a stateless person or a stateless person develops and improves on the acquisition of official rights and obligations every year more and better. And in order to be constantly informed about any changes in the legislation regarding the status of certain persons, please contact our law firm "Prikhodko&Partners" and we will be happy to tell you about all the current nuances and subtleties of the legislation today.