THE PROBLEM OF STATELESSNESS IN UKRAINE AND THE WAYS OF ADDRESSING IT
succession), migration, conflicts between laws of various states, etc. As regards
the situation in Ukraine, statelessness here results from the non-acquisition of
citizenship of one of the newly formed states after the dissolution of the Soviet
Union, lack of any government program for the documentation of population of
the occupied territories of Ukraine, discrimination against the Roma and national
minorities, an absence or imperfect procedure and administrative barriers for
the acquisition or confirmation of citizenship by persons who have no identity
documents. The current reality is as follows: instead of adopting assistance
programs for stateless persons to help them determine their status or acquire
citizenship of the country of their permanent residence, Ukrainian laws impose
penalties on them for the uncertain legal situation they are trapped in, often
through no fault of their own.
Consequences
What is it like living in Ukraine as a stateless person? Stateless persons, just
like persons at risk of statelessness, are one of the most vulnerable categories
of Ukraine’s population, especially when undocumented. Living in a country
with complicated administrative procedures and being unable to receive
identity documents, they are actually deprived of any opportunity of exercising
their civil, economic and political rights and freedoms. For example, adults
without a passport, even if they were born and lived in Ukraine all their lives,
can be administratively detained at any time for violation of the established
legislation dictating stay in Ukraine only because they live without documents
that they are just not able to obtain. Absence of documents makes it difficult
or even impossible for such persons to get official employment or access
medical services, education, ownership rights, the right to protect their rights
and freedoms in courts, and even the parental right. For example, when one
or both the parents of a child have no documents, it can result in the so-called
“bureaucratic orphanage” when the child’s birth certificate has a dash in the
field “mother”. Another example is when the field “father” is filled in according
to the mother if she has an identity document but the father does not. In this
case, the child is regarded as being brought up by a single mother. The situation
is aggravated by the fact that Ukraine still has no procedure for identification of
stateless persons, which deprives them of any opportunity of confirming their
statelessness and regularizing their stay in a legal way. Stateless persons are
in a legal vacuum, consigned to be invisible people, just non-existent from a
legal point of view. Unfortunately, this list of difficulties that stateless persons in
Ukraine encounter every day is not exhaustive.
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