FUNDAMENTAL PRINCIPLES OF THE INSTITUTION OF CITIZENSHIP: JUS SOLI AND JUS SANGUINIS

Abstract

Fundamental principles of the institution of citizenship: jus soli and jus sanguinis.

The international legal principles of citizenship in the national systems of law of different countries are researched. Considered the content of the appropriate principles of the institution of citizenship and their importance in the context of globalization are also considered. The provisions of the constitutional law of foreign countries, as well as the current legislation of Ukraine are analyzed. The attention is focused on the existing international legal principles of the institution of citizenship, their impact on the domestic legal system; The proposals on adaptation of the legislation of Ukraine in accordance with the requirements of the European Union were further developed.

The author of the article agrees with those scientists who point out In the present constitutional law of foreign countries two principles prevail. "Jus soli" is a principle that is common in Latin America, Asia, some oceanic countries and North America. According to him, citizenship is acquired in the territorial jurisdiction of the country. The Jus Soli principle is not always absolute. Sometimes countries with “soil rights” laws require legal residence in the country before the authorities will enforce this right, such as in Cambodia or Thailand. Sometimes jus sol laws only apply to one generation, for example, in some countries in the Middle East where a child born in that territory is granted citizenship only if the child's father (regardless of nationality) was born in the same territory, and sometimes "jus salt" will be limited by age. The "right of blood" (jus sanguinis) is a principle based on the fact that citizenship is acquired from their parents regardless of their place of birth. This is usually the case in most parts of Asia and Europe and parts of Africa. This form of citizenship is more ethnocentric, solves the problem of statelessness, but in most cases leads to the emergence of dual citizenship.

It should be noted that more countries are adopting citizenship laws that combine both of these principles. Although countries have often adopted the rules of “jus salt” or “jus sanguinis” at first, many countries have recently changed their policies to move to a different approach.

As for Ukraine, the author concludes that the legislator has combined the above two principles.

Keywords: jus soli; jus sanguinis; international legal principles; citizenship institute; principles of law; principles of the institution of citizenship; citizenship of Ukraine; right to citizenship