The introduction of the institution of multiple citizenship in Ukraine and the peculiarities of its functioning in certain countries of the European Union: a comparative legal aspect

Abstract

Most European countries have settled the problem of multiple citizenship, but for Ukraine this problem still remains unresolved. The lack of proper regulatory and legal regulation of multiple citizenship contributes to the emergence of various problems of a practical nature, which indicates the need to improve this constitutional and legal institution. Thus, today the problem of multiple citizenship is extremely relevant.
The article examines the history of the introduction of multiple citizenship in Ukraine, analyzes the draft law on multiple citizenship of Ukraine in order to highlight both negative and positive characteristics, and also examines the peculiarities of the functioning of the institution of multiple citizenship in some countries of the European Union.
The author analyzes the main regulatory legal acts that regulate relations in the sphere of citizenship, in particular the provisions of the Constitution of Ukraine, the Law of Ukraine «On Citizenship of Ukraine», as well as the «Draft of the Law on Amendments to Certain Laws of Ukraine on Ensuring the Right to Acquire and Preserve Ukrainian Citizenship» » from 07.08.2024 No. 11469 and others, scientific works and publications in mass media related to the relevant subject.
As a result of the conducted research, the author concludes that there is a single citizenship in Ukraine. This approach does not deny the possibility of multiple citizenship in Ukraine. The current Law of Ukraine «On Citizenship of Ukraine» already provides for cases of multiple citizenship.
Draft Law of Ukraine «On Amendments to Certain Laws of Ukraine Regarding Ensuring the Right to Acquire and Preserve Ukrainian Citizenship» No. 11469 dated August 7, 2024. has both advantages and disadvantages, but in general, is quite progressive and aimed at improving the legal support for the functioning of the institution of citizenship in Ukraine, as well as ensuring the national interests of Ukraine in matters of ensuring the realization of the right to acquire and retain Ukrainian citizenship.
The legislation of the European Union does not provide for the obligation to establish dual citizenship. Today, European countries are divided into several groups in the matter of dual citizenship. The first is a group of countries that allow dual citizenship for everyone. The second group is countries that allow dual citizenship with certain restrictions. And the third group of countries that prohibit dual citizenship in any of its manifestations. Draft Law No. 11469 dated August 7, 2024 if adopted as a whole, it will introduce multiple citizenship, but with certain restrictions.
For further scientific research in this direction, it would be appropriate to consider the practice of applying the provisions of draft law No. 11469 dated August 7, 2024. in case of its acceptance.