Аналітично-порівняльне правознавство (Dec 2023)
Revoking the decision to accept Ukrainian citizenship as a sanction of constitutional and legal responsibility
Abstract
The article emphasizes that constitutional and legal responsibility is aimed at legal protection of the Constitution of Ukraine and is closely related to the problems of preventing constitutional offenses. Attention is drawn to the fact that issues of citizenship are closely related to the problems of national security and crime prevention. There are not few cases when citizens of Ukraine also have the citizenship of another country, or even of several countries in addition to the citizenship of Ukraine. The composition of the constitutional offense is considered, it is emphasized that the issue of assessing the objective side of the constitutional offense is decided by the entity empowered to apply the constitutional and legal sanction - to cancel the decision on admission to the citizenship of Ukraine. The reasons for the loss of Ukrainian citizenship and the termination of Ukrainian citizenship as a result of its loss due to the active actions of an adult, aimed at acquiring the citizenship of another state/states, are analyzed. There are signs by which the termination of citizenship differs from the deprivation of Ukrainian citizenship. The powers of the central executive body, which implements the state policy in the sphere of citizenship, regarding the preparation of applications for the loss of Ukrainian citizenship by persons are characterized; Commission under the President of Ukraine on Citizenship; of the President of Ukraine (issuing acts on acceptance of Ukrainian citizenship and termination of Ukrainian citizenship). Attention is drawn to the practice of the European Court of Human Rights, requirements for legislation on Ukrainian citizenship: they should be accessible, clear, and predictable. Defects have been identified in the current Procedure for Proceedings on Applications and Submissions on Ukrainian Citizenship and the Implementation of Decisions, which was approved by the Decree of the President of Ukraine No. 215 of 03/27/2001: an exhaustive list of sources from which the authorities of the State Migration Service can obtain information on the grounds has not been determined loss of citizenship of Ukraine by a person; an exhaustive list of documents, their form, content, subject of publication, which confirm that a person will not become stateless as a result of the loss of Ukrainian citizenship, has not been defined. Proposals for improving the above procedure and the practice of its application have been developed.
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