local office of Ukraine’s State Migration Service in Donetsk and Luhansk oblasts.
However, people have problems passing through checkpoints along the way from
Kharkiv to Luhansk Oblast, for example, without identity documents. On top of this,
these people often do not have the financial or physical ability to travel to the region
where they are registered, which makes it difficult for them to obtain a passport.
For its part, Ukraine’s State Migration Service recommends that people from
non-government controlled territories prove their right to Ukrainian citizenship by
establishing their residence on the territory of Ukraine as of August 24, 1991 or
November 13, 1991. This makes it hard to understand the right to nationality, since
most people from non-government controlled territories first obtained their Ukrainian passports as people whose parent or parents were citizens of Ukraine at the time
of their birth (Article 7 of the Law “On Citizenship of Ukraine”) or were Ukrainian
citizens in light of Article 3 of the Law “On Citizenship of Ukraine.” Now they must
also establish the fact of their residence or their parents’ residence in Ukraine as of
the above dates in court proceedings to confirm that they are Ukrainian citizens.
People who have been left without identity documents as a result of the conflict
are particularly vulnerable and face the risk of statelessness. A report on the situation
with human rights in Ukraine for the period of May 16, 2018 to August 15, 2018
prepared by the OHCHR describes a case where a person without any identity documents was repeatedly arrested by both sides along the line of contact.26
People who were imprisoned prior to the conflict and released in a territory not
controlled by Ukraine are in particular danger of statelessness. In many cases, these
people do not have valid documents, which restricts their freedom of movement and
puts them at risk of arrest. The OHCHR report cited above describes a case where
a man who was released from a detention facility and who did not have identity
documents tried to cross the line of contact to territory controlled by Ukraine three
times without success. During one attempt, he was arbitrarily detained on territory
controlled by armed groups and was held in detention for approximately one week
without any connection to the outside world and subjected to cruel treatment and torture. On top of that, he was repeatedly arrested for not having identity documents.27
People who left Ukraine after the annexation of Crimea and the conflict with Russia in the east of the country and lost their documents for some reason are also at a
legal dead end. They are not able to return to Ukraine because they cannot confirm
their Ukrainian citizenship or obtain a document about their Ukrainian citizenship
26 Office of the High Commissioner for Human Rights, Report on the Human Rights
Situation in Ukraine 16 May to 15 August 2018, paragraph 62, https://www.ohchr.org/
Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf
27 Office of the High Commissioner for Human Rights, Report on the Human Rights
Situation in Ukraine 16 May to 15 August 2018, paragraph 58, https://www.ohchr.org/
Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf
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