The agreement between the Republic of Kazakhstan and Ukraine on the simplified procedure for acquisition and termination of nationality by the citizens of the Republic of Kazakhstan who are constantly living in Ukraine and the citizens of Ukraine who are constantly living in the Republic of Kazakhstan, and prevention of cases of statelessness and double citizenship
of May 19, 2000
The Republic of Kazakhstan and Ukraine which are hereinafter referred to as with the Parties
proceeding from aspiration of the people of two countries to preserving and consolidation of historical, traditionally friendly bonds concerning providing to the citizens of human rights and freedoms,
wishing to give to citizens of other Party opportunity in the simplified procedure to acquire nationality, and to the citizens opportunity in the simplified procedure to stop nationality,
aiming to prevent cases of statelessness and double citizenship, agreed as follows:
Each Party will provide to the citizens of other Party who are constantly living on legal causes in its territory the simplified procedure for acquisition of nationality, and to the citizens who are constantly living on legal causes in the territory of other Party, the simplified procedure for the termination of nationality in the presence of one of the following conditions:
a) if the applicant constantly on legal causes lives in the territory of other Party of acquired nationality irrespective of accommodation term;
b) if the applicant, or at least one of his parents (adoptive parents), the grandfather or the grandmother were born or constantly on legal causes lived in the territory of the Party of acquired nationality or in the presence at the applicant at least of one of the close relatives who are constantly living on legal causes in the territory of the Party of acquired nationality and being her citizens: the spouse (spouses), one of parents (adoptive parents), the child (including adopted), sisters, the brother, the grandfather or the grandmother, the grandson (granddaughter).
The applicant submits the application for acquisition of nationality of one Party and the simultaneous termination of nationality of other Party.
Action of provisions of this Article does not extend to persons who:
1) committed crimes against humanity or performed genocide or committed crimes against the state or serious crimes against the personality;
Are condemned 2) to imprisonment before removal of criminal record;
3) are under examination or avoid punishment or committed crime in the territory of one of the Parties or the third state;
4) acquired nationality of other state.
For acquisition of nationality of one Party and the termination of nationality of other Side of face, specified in part one of Article 1 of this agreement, provide at the permanent address in competent authorities of other Party of acquired nationality:
the statement in the form approved by competent authorities of the Parties;
the document confirming availability of one of the conditions provided in part one of Article 1 of this agreement;
the document confirming permanent residence on legal causes in the territory of the Party of acquired nationality;
the document confirming execution of conscription or release from conscription (concerning persons of military age).
Competent authorities of the Party of acquired nationality draw up acquisition of nationality of one of the Parties no more than three months from day of submission of the specified documents in time. Competent authorities of the Party of acquired nationality refuse to the applicant registration of acquisition of nationality in the presence of the circumstances provided by part three of Article 1 of this agreement.
Within ten days after registration of acquisition by person of new nationality competent authorities of the Party of the acquired nationality issue to person the document confirming the acquired nationality withdraw the document confirming the stopped nationality and send it through diplomatic channels to the Party of the stopped nationality together with the message on the fact of registration of acquisition of nationality with indication of its date.
Within two months after receipt of the message on registration of acquisition by person of new nationality the Party of the stopped nationality draws up the termination of nationality and reports about it to the Party of the acquired nationality.
Date of registration of acquisition of nationality of one of the Parties will be date of the termination of nationality of other Party.
The parties exempt persons specified in part one of Article 1 of this agreement from payment of all mandatory fees and duties connected with the termination and acquisition of nationality of the Parties according to this agreement.
In case of change of nationality of parents owing to which both acquire nationality of one Party and stop nationality of other Party, nationality of their minor children changes respectively (aged up to eighteen years).
Nationality of minor children, one of parents of which is citizen of one of the Parties, and other parent acquires nationality of other Party, is determined by the agreement of parents which shall be expressed in the application submitted according to Article 2 of this agreement.
If parents did not come to the agreement on occasion of change of nationality of minor children, the child is citizen of that Party in the territory of which parents constantly live.
Minor children whose parents live separately keep nationality of the parent on which education they are if other agreement between parents about it did not take place.
Nationality of minor children does not change in case of change of nationality of the parents deprived of the parent rights. On change of nationality of minor children the consent of the parents deprived of the parent rights is not required.
The questions which are not settled by this agreement are regulated by the domestic legislation of the Parties.
If the domestic legislation of the Parties establishes for persons specified in parts one of Article 1 of this agreement, more preferential terms of acquisition of nationality, then in this case the domestic legislation of the Parties is applied.
The questions connected with interpretation or application of provisions of this agreement are solved by consultations or exchange of notes between the Parties.
This agreement is subject to ratification and becomes effective for the thirtieth day from the date of exchange of the Parties of instruments of ratification.
This agreement is effective within five years from the date of its entry into force and is automatically prolonged for the subsequent five-year period if any of the Parties in writing does not notify other Party on the intention to terminate this agreement in six months prior to the expiration of the next term.
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