from the Ukrainian consulate. Even though the practice of the Ukrainian consulate in
Russia is to send the corresponding request to Ukraine’s State Migration Service, as
noted above, the State Migration Service has stopped operating in non-government
controlled territories and cannot confirm the Ukrainian citizenship of applicants.
In Resolution of the Parliamentary Assembly of the Council of Europe 2198
(2018) “Humanitarian Consequences of the War in Ukraine,” the Assembly called
on the Ukrainian government to develop a mechanism for guaranteeing the rights
of citizens who left Ukraine after the start of the war in 2014 and to devote special
attention to ensuring that they do not risk loss of citizenship.28 In spite of this, this
problem is still of vital importance and requires state regulation.
Registration of Children Born in Non-Government
Controlled Areas
Regulation of the legal status of children born on territories not controlled by
Ukraine is still fraught with problems. The form providing medical evidence of birth
issued in non-government controlled territories is not recognized by vital statistics
offices of Ukraine. In 2018, the government adopted a law under which documents
confirming the fact of birth in temporarily occupied territories in Donetsk and Luhansk
oblasts are recognized as valid.29 So far, however, the provisions of this law have
not been implemented in administrative laws.
To receive a birth certificate for a child born in temporarily occupied territories
of Ukraine, parents must now obtain a document from those territories confirming
the fact of the child’s birth. If they receive a written refusal to register the birth after
submitting this document to any vital statistics office in a territory under Ukrainian
control, they must file an application with a court to establish the fact of the child’s
birth. Obviously, few parents (or other representatives of the child) have the physical
or financial ability to travel to a controlled territory to go through all the abovementioned steps to obtain a Ukrainian certificate of birth.
In these circumstances, it is not surprising that only 43 percent of children born
in non-government controlled territories of Donetsk and Luhansk oblasts obtained
28 Resolution 2098 (2018) Parliamentary Assembly of the Council of Europe
“Humanitarian Consequences of the War in Ukraine,” http://assembly.coe.int/nw/xml/
XRef/Xref-XML2HTML-en.asp?fileid=24432&lang=en
29 Law of Ukraine “On Special State Policies to Ensure Ukraine’s State Sovereignty
in Temporarily Occupied Territories in Donetsk and Luhansk Oblasts,” January 18, 2018,
https://zakon.rada.gov.ua/laws/show/2268-19/print
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