DUAL CITIZENSHIP IN THE CONTEXT OF OPPORTUNITIES AND PROSPECTS OF UKRAINIAN MIGRANTS
Abstract
The phenomenon of dual (multiple) citizenship is considered from the point of view of interests of citizens, first of Ukrainian migrants, and the state - the state of origin and the state of residence of migrants. Possible risks from the citizenʼs point of view and potential threats to the state are summarized.
It is stated that despite of the many threats, multiple citizenship is becoming a reality in the context of increasing migration flows and the birth of the phenomenon of transmigration, which is characterized by building and maintaining various relationships that connect societies of origin with migrants. To exercise their rights, migrants seek naturalization, but the inconvenience and psychological problems associated with renouncing citizenship of the country of origin stop them from taking this step. It has been proven that the personal preferences of foreign citizens over dual citizenship exceed the interest of states, but to control migration processes and exercise the rights and freedoms of migrants, more and more modern states are legalizing multiple citizenship.
The specifics of regulation of citizenship issues in the European Convention on Citizenship, Ukrainian legislation, and Ukrainian legislative initiatives to legalize multiple citizenship are considered. The example of Germany has shown that if they are accepted, not all Ukrainians abroad will be able to enjoy the benefits of dual citizenship, as the possibility of obtaining it is also determined by the legislation of the host country. It has been shown that the possibility of obtaining dual citizenship is open only to Ukrainians born and raised in Germany. It is emphasized that it is expedient to strengthen the position of foreign Ukrainians in other ways as well.
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References
Draft Law on Amendments to the Law of Ukraine “On Citizenship of Ukraine” on the grounds and procedure for acquiring and terminating citizenship of Ukraine" N 636 of 01.12.2021.URL: https://ips.ligazakon.net/document/ji06527i?ed= 2021_12_01 (in Ukrainian)
Poedinok, O. 2013. “Features of the perception of dual citizenship in the legislation and law enforcement practice of Ukraine”. Socio-economic problems of the modern period of Ukraine. 3 (101): 161-168. (in Ukrainian)
Chekhovych, S. 2008. “Dual (multiple) citizenship: status and problems of legal regulation”, Legal Bulletin. Air and space law 3: 40-46 (in Ukrainian).
Ognivets, I. 2001. “Legal consequences of dual citizenship”, Scientific Bulletin of the Diplomatic Academy of Ukraine 5: 234-242 (in Ukrainian).
Ognivets, I. 2012. “Dual citizenship in the context of modern international law: the institutional dimension”, Foreign policy and diplomacy and problems of international law 19: 148-156. (in Ukrainian).
Tolkachova, I. 2013. “Dual citizenship in Ukraine and the CIS countries: the constitutional and legal aspect”, State and law 60: 123-127 (in Ukrainian).
Slisarchuk, I. Mitenko O. 2019. “Dual citizenship: real and potential threats to national security. Legislative regulation”, Information security of person, society, state 3 (27): 70-78.
Bezzhon, I. 2012. “Constitutional and legal status of persons with multiple citizenship”, Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia 9: 32-35 (in Russian)
Genel, Lisa, Hovhannisyan, Karina, Bilyk Danylo 2021. “Dual citizenship in the world: allowed often, but not always and not for everyone”, DW, 28.01. URL: https://www.dw.com/en/podviine-hromadianstvo-v-sviti-dozvoleno-chasto-ale-ne-zavzhdy-i-ne-vsim/a-50006042 (in Ukrainian).
Danylenko, O., Panchenko, T. 2020. Highly qualified Ukrainian specialist in Germany and Poland. Case studies in Munich, Krakow and Wroclaw. Kharkiv: Publisher OA Miroshnychenko. (in Ukrainian)
Shiller, N. G. Bash, L., Szanton-Blanc, C. 1992. Transnationalism: A New Analytical Framework for Understanding Migration. Annals of the New York Academy of Sciences. New York.
Kulmann, J. 2017. „Exil, Diaspora, Transmigration“, Bundeszentrale für politische Bildung. URL: https://www.bpb.de/gesellschaft/migration/kurzdossiers/258195/exil-diaspora-transmigration? p=2:
Speech by the UN High Commissioner for Refugees S. Ogat at the Institute of International Relations at the National University. Taras Shevchenko 1997. Refugees and Migration: Ukrainian Journal of Law and Politics. T. I. 2. (in Ukrainian)
Hammar, Thomas 1994. “State, Nation and Dual Citizenship”, Russian Bulletin on Human Rights 3: 56-65.
Bauböck, Rainer (ed.). 2006. Migration and Citizenship. Legal Status, Rights and Political Participation. Amsterdam: Amsterdam University Press.
Konstantynova, Nadiya 2021. “Dual citizenship: new perspectives or dubious political technology?”, Radio Svoboda 3.12. URL: https://www.radiosvoboda.org/a/podviyne-hromadianstvo-perspektyvy-chy-polittehnolohiya/31592779.html (in Ukrainian)
North, D. 1993. Immigration Policy and the Right of Aliens. Harward Law Review. 96.
European Convention on Nationality. Strasbourg. 1997. The Convention was ratified with a reservation and declaration by Law No. 163-V (163-16) of 20 September 2006. URL: https://zakon.rada.gov.ua/laws/show/994_004#Text (in Ukrainian)
Law of Ukraine on Citizenship of Ukraine. Information of the Verkhovna Rada of Ukraine (VVR). 2001 № 13. art.6 (in Ukrainian)
Sidorenko, S. 2021. "Passports for the Diaspora and Putinʼs Enemies: What Zelensky Changes in Citizenship Rules." European Pravda, December 3. URL: https://www.eurointegration.com.ua/articles/2021/12/3/7131109/ (in Ukrainian)
Draft Law on Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on Liability for Violations of Citizenship Legislation № 6372 of 02.12.2021. URL: http://w1.c1.rada.gov. ua / pls / zweb2 / webproc4_1? pf3511 = 73326 (in Ukrainian)
Staatangehörigkeitsgesetz (StAG). 1913. Zuletzt geändert durch Art.1 G v. 12.8.2021/ 3538. URL: https://www.gesetze-im-internet.de/stag/BJNR005830913.html
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