THE PROBLEM OF STATELESSNESS IN UKRAINE AND THE WAYS OF ADDRESSING IT
or Temporary Protection. The Law on Refugees and Persons in Need of
Complementary or Temporary Protection does not recognize the persons granted
refugee status in Ukraine before the entry into force of the Law as permanently
residing in Ukraine. To overcome this gap, it is necessary to amend the Law
to recognize such refugees as already permanently residing in Ukraine at the
moment the Law took effect.
The Law of Ukraine on Registration of Civil Status Acts. Since every child must
be registered upon birth, the Law must provide for a possibility of registering
a child’s birth even if his/her parents are irregular migrants or if the parents
have no identity documents. Currently, the Law does not provide for the right to
registration of civil status acts for foreigners and stateless persons under the
jurisdiction of Ukraine. Besides, the Law does not regulate birth registration of
children whose parents have no passports.
According to the law, only a Ukrainian passport or a passport document is valid
for registration of civil status acts. Other identity documents issued in Ukraine
are not listed as documents giving the right to registration of civil status acts (e.g.
a certificate on application for protection in Ukraine cannot be used to register
such acts). To secure access of asylum-seekers and other migrant categories to
registration of civil status acts, it is necessary to extend the list of the documents
based on which civil status acts are registered on basis of the documents issued
by Ukraine to foreigners and stateless persons and certifying their identity,
certificates on application for protection in Ukraine, and certificates stating that
a person’s identity has been established, but citizenship of any state has not).
There is some collision in the Ukrainian legislation: a person may not obtain a
passport without a birth certificate, but upon attainment of 16 years of age may
not obtain a birth certificate without a passport35. To settle this issue, provisions
of the Law concerning state birth registration of persons having attained 16
years of age must be conciliated with provisions of the Ukrainian legislation that
regulates the procedure of issuance of Ukrainian citizen passport and other
identity documents36.
The Law of Ukraine on the Uniform State Demographic Register and on the
Documents Confirming the Citizenship of Ukraine, Certifying Identity, or
Confirming the Person’s Special Status. First and foremost, in this Law the
matters on execution and issuance of a Ukrainian citizen passport should be
regulated taking into account the provisions of the Law of Ukraine on Citizenship
of Ukraine.
35 See http://zakon2.rada.gov.ua/laws/show/z0719-00
36 See http://zakon4.rada.gov.ua/laws/show/z1089-12
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