THE PROBLEM OF STATELESSNESS IN UKRAINE AND THE WAYS OF ADDRESSING IT
III. Categories of stateless persons in Ukraine
III. 1 Persons who entered Ukraine with the 1974 standard ex-USSR
citizen passports or with birth certificates, and persons born in the
territory of Ukraine after 13 November 1991 who did not acquire
effective citizenship
After the declaration of independence on 24 August 1991, the question on
the legislative regulation of immigration processes became acute for Ukraine
due to the desire of a large number of the former USSR citizens, identifying
themselves as Ukrainians, but residing outside Ukraine, to receive access to
Ukrainian citizenship. The situation was aggravated by the fact that Ukraine had
no immigration laws of its own. To solve the issue, it was established that, until
the adoption of relevant Ukrainian legislative acts, the USSR legislative acts
on the matters not regulated by Ukrainian legislation would be applied in the
territory of Ukraine provided that they were not in conflict with the Constitution
and laws of Ukraine. In particular, the matters of entry and exit of foreigners
into/from Ukraine and issuance of permanent permissions to stay and residence
permits in Ukraine were regulated by the Rules of Stay of Foreign Nationals in the
USSR 12. Therewith, it is worth noting that the above-mentioned Rules applied to
foreigners and stateless persons except for former USSR citizens, which made
the procedure of obtaining the citizenship of Ukraine by former USSR citizens
legally unregulated before the relevant Ukrainian legislation came into force.
The story of Svitlana
Svitlana was born in Uzbekistan in
1982. Her father was working in
Ukraine at that time and at the age of
15 she finally came to Ukraine to visit
him. She planned to go back home
after a few months, but due to some
circumstances the family found itself
in financial straits, which made her
stay in Ukraine. Having no other
choice, she moved to Crimea where her grandmother lived. She was told in the
Embassy of Uzbekistan that even though she was a citizen of that country by law,
she would be able to receive a passport only at the place of her registration
12 Available at http://zakon4.rada.gov.ua/laws/show/v5152400-81
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