THE PROBLEM OF STATELESSNESS IN UKRAINE AND THE WAYS OF ADDRESSING IT
Ruslan has never applied for any documents because he thought that this
requires money that he did not have.
Later on, he formed his own family but the couple’s relationship remains
officially not registered because both Ruslan and his common law wife have no
documents. Ruslan’s child, just like once he himself, was born outside a maternity
hospital, and the son’s birth was also not registered. After their son was born, the
family’s need for money has almost doubled – the child needed proper feeding,
clothes, and medicines. Ruslan found two more jobs but they are temporary. The
impossibility of official employment puts him at risk of being deceived and getting
no money for the work done at all, which has already happened twice. Lawyers of
the Desyate Kvitnya organization learned about Ruslan’s problems as a result of
a survey held among the settlement’s residents. Ruslan responded to the offer of
help immediately, because he could not bear the powerless situation, especially
as now he was afraid for his child as well. He did not want his son to suffer from
all the hardship he has to undergo himself. At present, Ruslan receives legal aid
from the organization’s lawyers.
Within the framework of this study, a survey was held among non-governmental
organizations, such as Narodna Dovira Cherkashchyny, the Romani Cherhen
Zakarpatya oblast Roma youth association, Desyate Kvitnya, and Chirikli Roma
women’s foundation, which provide legal and social assistance to Roma in
various regions of Ukraine. The survey addressed such questions as trends in
approaches of Roma community members to legal aid, registration of newborns
by their parents, problems faced by Roma, for example in obtaining a residence
permit, etc. According to the above-mentioned organizations, between 45 and
90% of their clients apply to competent bodies for receiving Ukrainian citizen
passports upon reaching of 16 years of age. Lawyers note that boys try to obtain
passports only in case they want to get a driving license, at the age of 18. Girls
receive passports in case they are going to give birth to a baby and get aid from
the government. Unmarried girls do not receive passports until they are offered
marriage. Almost all the organizations informed that in most cases Roma register
their newborns in order to receive social benefits. Registration of older children is
more difficult because in practice it may only be done via lawsuits. Besides, when
trying to have their elder children registered, the clients encounter the problem
of mothers having no document and the difficulty of obtaining a birth certificate
for a baby who is already 3-6 months of age or more. The organizations are also
aware of some cases of acquisition of Ukrainian citizenship pursuant to Article 3
of the Law of Ukraine on Citizenship of Ukraine, for example, cases of acquisition
of citizenship on the basis of the USSR passport by citizens of the Republic of
Belarus or the Russian Federation. Besides, one organization found 10 persons
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