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PRESIDENTIAL DECREE OF UKRAINE

of March 27, 2001 No. 215/2001

Questions of the organization of execution of the Law of Ukraine "About citizenship of Ukraine"

(as amended on 29-04-2022)

For the purpose of the organization of execution of the Law of Ukraine "About citizenship of Ukraine" I decide:

1. Approve Regulations on the Commission in case of the President of Ukraine concerning nationality it (is applied).

2. Ceased to be valid.

3. Approve the Procedure for production according to statements and representations concerning citizenship of Ukraine and execution of the made decisions it (is applied).

4. To the Cabinet of Ministers of Ukraine:

a) approve in a month:

samples of the certificate on belonging to citizenship of Ukraine and temporary certificate of the citizen of Ukraine;

rules and procedure for registration and issue of the certificate on belonging to citizenship of Ukraine and temporary certificate of the citizen of Ukraine;

b) provide production of forms of the certificate on belonging to citizenship of Ukraine and the temporary certificate of the citizen of Ukraine.

5. To the Ministry of Internal Affairs of Ukraine and the Ministry of Foreign Affairs of Ukraine in two weeks:

approve samples of documents which according to Procedure for production according to statements and representations concerning citizenship of Ukraine and execution of the made decisions are submitted for establishment of belonging to citizenship of Ukraine, acceptance to citizenship of Ukraine, registration of acquisition of citizenship of Ukraine, the termination of citizenship of Ukraine, cancellation of decisions on registration of acquisition of citizenship of Ukraine;

provide production of necessary number of forms of the specified documents.

6. Declare invalid the Presidential decree of Ukraine of November 6, 1997 N 1247 "About measures for improvement of the organization of consideration of questions of nationality".

 

President of Ukraine

L. Kuchma

Approved by the Presidential decree of Ukraine of March 27, 2001 No. 215/2001

Regulations on the Commission in case of the President of Ukraine concerning nationality

1. The commission in case of the President of Ukraine concerning nationality (further - the Commission) is the facilitative branch in case of the President of Ukraine formed according to the Law of Ukraine "About citizenship of Ukraine".

2. The commission in the activities is guided by the Constitution of Ukraine, the Law of Ukraine "About citizenship of Ukraine", other laws, international treaties of Ukraine concerning nationality, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, this Provision.

3. The main tasks of the Commission are:

consideration of the applications about acceptance in citizenship of Ukraine, about getting out of citizenship of Ukraine, ideas of loss of citizenship of Ukraine, documents on the termination of citizenship of Ukraine on the bases provided by international treaties of Ukraine, introduction of offers to the President of Ukraine on these questions;

control of accomplishment of the decisions concerning nationality made by the President of Ukraine;

participation in preparation of drafts of the laws, other regulatory legal acts about nationality, introduction of relevant proposals to the President of Ukraine;

studying and generalization of practice of accomplishment of the legislation of Ukraine on nationality, introduction of offers to the President of Ukraine concerning its enhancement and improvement of the activities of executive bodies connected with implementation of the legislation on nationality;

studying and generalization of international legal acts concerning nationality, the legislation on nationality of other states and practice of its realization.

4. The commission for accomplishment of the tasks assigned to it has the right:

return applications together with the documents on acceptance attached to them in citizenship of Ukraine, about getting out of citizenship of Ukraine, idea of loss of citizenship of Ukraine, documents on the termination of citizenship of Ukraine on the bases provided by international treaties of Ukraine, to the Public migratory service of Ukraine or the Ministry of Foreign Affairs of Ukraine for their registration according to requirements of the legislation of Ukraine;

receive in accordance with the established procedure from central and local executive bodies information necessary for consideration of the applications on acceptance in citizenship of Ukraine and about getting out of citizenship of Ukraine, ideas of loss of citizenship of Ukraine, documents on the termination of citizenship of Ukraine on the bases provided by international treaties of Ukraine;

address within the competence in central and local executive bodies concerning conducting check of the bases by them, availability or lack of which is necessary for acceptance in citizenship of Ukraine or the termination of citizenship of Ukraine, and accomplishment of conditions of acceptance in citizenship of Ukraine or getting out of citizenship of Ukraine;

provide recommendations and explanation concerning procedure for application of the legislation of Ukraine concerning nationality;

form in case of need temporary expert and working groups, recruit in accordance with the established procedure in their work officials central and local executive bodies, employees of the organizations and the organizations conducting scientists and specialists;

hear at the meetings heads central and local executive bodies, organizations and the organizations for questions which are within its competence;

use in accordance with the established procedure information databanks central and local executive bodies;

organize holding of conferences, symposiums, seminars, meetings and so forth on nationality.

5. The commission is created as a part of the Chairman, the vice-chairman, the responsible secretary and other members of the commission.

The staff of the Commission affirms the President of Ukraine.

Commission session in the presence of technical means can be held remotely in the videoconference mode.

The commission chairman, his deputy and other members of the commission take part in its work on a voluntary basis.

6. Organizational form of work of the Commission are meetings which are held on need measure.

Commission session is competent if at it there is more than a half of structure of the Commission.

Its Chairman, and in case of its absence - the vice-chairman presides over commission sessions.

On commission session there can be invited representatives of public authorities and local government bodies of organizations, organizations, the leading scientists and specialists, and also persons who submitted applications for acceptance to citizenship of Ukraine or about getting out of citizenship of Ukraine.

7. Preliminary study and preparation for consideration of the Commission of materials concerning nationality are performed by the relevant structural division of Office of the President of Ukraine.

8. The decision of the Commission is made by vote. The decision is deemed accepted if most of the members of the commission who are present at meeting voted for it. In case of equal distribution of voices the chairman's voice at meeting is decisive.

If the member of the commission does not agree with its decision or cannot be present at meeting, he can express in writing the opinion on case in point which is applied to the protocol.

If the member of the commission refrained from vote during adoption of the decision by the Commission on certain question, about it it is noted in the protocol.

Decisions of the Commission on the current questions can be made by poll of members of the commission.

The commission makes the decision on introduction of offers to the President of Ukraine concerning satisfaction of statements for acceptance about citizenship of Ukraine, on getting out of citizenship of Ukraine, ideas of loss of citizenship of Ukraine, documents on the termination of citizenship of Ukraine on the bases provided by international treaties of Ukraine or on lack of the bases for introduction of offers to the head of state about satisfaction of such statements.

In case of adoption by the Commission of the decision on lack of reasons for satisfaction with the President of Ukraine of such statements the Commission returns the relevant documents in Public migratory service of Ukraine or the Ministry of Foreign Affairs of Ukraine together with the copy of the made decision.

9. Decisions of the Commission are drawn up by protocols which are signed presiding over commission session.

If the member of the commission refrained from vote during adoption of the decision by the Commission on certain question, about it it is noted in the protocol.

The paragraph third is excluded according to the Presidential decree of Ukraine of 29.04.2022 No. 285/2022

10. In case of consideration on commission session of the questions connected with practice of realization of separate provisions of the legislation of Ukraine concerning nationality, messages on changes in the legislation in the sphere of human rights which concern nationality questions, and so forth, in the protocol separately it is noted about consideration of such questions, and the corresponding references, information materials and so forth are attached to the protocol.

11. Decisions of the Commission together with the prepared drafts of presidential decrees of Ukraine about acceptance in citizenship of Ukraine or about the termination of citizenship of Ukraine move for consideration to the President of Ukraine.

12. Organizational and other types of ensuring activities of the Commission are performed by the relevant structural division of Office of the President of Ukraine.

13. The commission for accomplishment of the tasks assigned to it and realization of the granted rights uses forms with the name.

 

 

Head of the secretariat

President of Ukraine O. Rybachuk

Approved by the Presidential decree of Ukraine of March 27, 2001, No. 215/2001

Procedure for production according to statements and representations concerning citizenship of Ukraine and accomplishment of the made decisions

This Procedure according to the Law of Ukraine "About citizenship of Ukraine" (further - the Law) determines the list of documents which are filed for establishment, registration and check of belonging to citizenship of Ukraine, acceptance to citizenship of Ukraine, registration of acquisition of citizenship of Ukraine, the termination of citizenship of Ukraine, cancellation of decisions on registration of acquisition of citizenship of Ukraine, and also the procedure of submission of this documents and production on them, accomplishment of the made decisions concerning citizenship of Ukraine.

I. Procedure for submission of statements and other documents for establishment, registration and check of belonging to citizenship of Ukraine, acceptance in citizenship of Ukraine, registration of acquisition of citizenship of Ukraine, getting out of citizenship of Ukraine

1. For establishment, registration and check of belonging to citizenship of Ukraine, acceptance person submits the application, and also other documents provided by the Section II of this Procedure to citizenship of Ukraine, registration of acquisition of citizenship of Ukraine, getting out of citizenship of Ukraine.

In cases, stipulated by the legislation Ukraine, the state fee or the consular fee, the document on which payment is filed together with statements and other documents concerning nationality, is paid for submission of the statement and other documents concerning nationality.

2. Applications concerning nationality are issued:

about acceptance in citizenship of Ukraine and about getting out of citizenship of Ukraine - addressed to the President of Ukraine;

about establishment and registration of belonging to citizenship of Ukraine by person who lives in the territory of Ukraine, - addressed to the head of territorial authority of the Public migratory service of Ukraine at the place of residence of person;

about registration of acquisition of citizenship of Ukraine by person who lives in the territory of Ukraine, - addressed to the head of territorial authority of the Public migratory service of Ukraine at the place of residence of person;

about establishment and registration of belonging to citizenship of Ukraine by person who constantly lives abroad, - addressed to the head of diplomatic representation or consular establishment of Ukraine on the permanent residence of person;

about check of belonging to citizenship of Ukraine by person which is located abroad, - addressed to the head of diplomatic representation or consular establishment of Ukraine in the place of stay of person;

about registration of acquisition of citizenship of Ukraine by person who constantly lives abroad, - addressed to the head of diplomatic representation or consular establishment of Ukraine in the place of permanent residence of person.

3. The application concerning nationality is submitted in writing with indication of date of its creation and signed by the applicant.

The application concerning nationality of the child is signed by one of his parents or other legal representative of the child.

Person who registered scrap before attainment of majority or to whom full civil legal capacity before attainment of majority is provided according to the Civil code of Ukraine, signs the application concerning nationality independently.

The application concerning nationality of incapacitated person is signed by his guardian.

If the applicant cannot sign the application because of illiteracy or physical defects, the application at its request is signed by other person.

4. Statements and other documents concerning nationality are filed:

person living in Ukraine on legal causes - in territorial subdivision of the Public migratory service of Ukraine at the place of residence of person in Ukraine;

person to whom the status of the refugee in Ukraine or shelter in Ukraine is provided, - in territorial subdivision of the Public migratory service of Ukraine in place of registration of person;

person who constantly lives abroad, - in diplomatic representation or consular establishment of Ukraine on the permanent residence of person.

5. The applicant files the statement and other documents concerning nationality personally.

In the presence of reasonable excuses (disease of the applicant, natural disaster and so forth) the statement and other documents concerning nationality at the request of the applicant can be filed by other person or be sent by mail.

The statement and other documents concerning nationality of incapacitated person are filed by his guardian.

The statement and other documents concerning nationality of the child are filed by one of his parents or other legal representative of the child at the place of residence of the child or one of his parents or other legal representative.

Person who registered scrap before attainment of majority or to whom full civil legal capacity before attainment of majority is provided according to the Civil code of Ukraine, files the statement and other documents concerning nationality independently.

During provision of the statement and other documents concerning nationality the document which proves the applicant's identity, and also the document on accommodation of the applicant in the territory of Ukraine or about its permanent residence abroad is shown and copies of such documents move.

6. Consent to acquisition of citizenship of Ukraine or to getting out of citizenship of Ukraine the child aged from 14 up to 18 years is provided to them in the form of the written application, moves in the presence of the child. In the presence of reasonable excuses (disease of the child, natural disaster and so forth) such application can be submitted in the absence of the child.

II. Documents which are filed for establishment of registration and check of belonging to citizenship of Ukraine, acceptance to citizenship of Ukraine, registration of acquisition of citizenship of Ukraine, and also getting out of citizenship of Ukraine Documents which are filed for establishment, registration and check of belonging to citizenship of Ukraine

7. Establishment of belonging to citizenship of Ukraine concerns:

a) no citizens of the former USSR who did not receive the passport of the citizen of Ukraine or the passport of the citizen of Ukraine for trip abroad and are had in the passport of the citizen of the former USSR by marks about the registration confirming the fact of their permanent residence in the territory of Ukraine as of August 24, 1991 or residence in Ukraine as of November 13, 1991 including:

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