Law of Ukraine

“On Accession of Ukraine to the Convention on the Reduction of Statelessness”

Date of entry into force:
February 25, 2013

The Convention on the Reduction of Statelessness (hereinafter referred to as “Convention”) was concluded on August 30, 1961 in New York.

The Law envisages Ukraine’s accession to the Convention.

According to Article 1 of the Convention, a Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted:
  • at birth, by operation of law, or
  • upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the following provisions, no such application may be rejected.
If an application has been lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law, a Contracting State may make the grant of its nationality subject to one or more of the following conditions:
  • that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so;
  • that the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all;
  • that the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge;
  • that the person concerned has always been stateless.
A child born in wedlock in the territory of a Contracting State, whose mother has the nationality of that State, shall acquire at birth that nationality if it otherwise would be stateless. A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he had passed the age for lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at the time of the person’s birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law.

A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State (Article 2 of the Convention).

Birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be.

According to Article 4 of the Convention, a Contracting State shall grant its nationality to a person, not born in the territory of a Contracting State, who would otherwise be stateless, if the nationality of one of his parents at the time of the person’s birth was that of that State. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. Nationality granted in accordance with the above provisions shall be granted:
  • at birth, by operation of law, or
  • upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the above provisions, no such application may be rejected.
A Contracting State may make the grant of its nationality in accordance with the above provisions subject to one or more of the following conditions:;
  • that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State;
  • that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State;
  • that the person concerned has not been convicted of an offence against national security;
  • that the person concerned has always been stateless.

If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality (Article 5 of the Convention).

Article 6 of the Convention envisages that if the law of a Contracting State provides for loss of its nationality by a person’s spouse or children as a consequence of that person losing or being deprived of that nationality, such loss shall be conditional upon their possession or acquisition of another nationality.

A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds (Article 9 of the Convention).

According to Article 10 of the Convention, every treaty between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. A Contracting State shall use its best endeavors to secure that any such treaty made by it with a State which is not a party to the Convention includes such provisions. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisition.
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