THE PROBLEM OF STATELESSNESS IN UKRAINE AND THE WAYS OF ADDRESSING IT
receive social benefits, disability benefits, or pensions, or the impossibility of
registering newborn children of a stateless person, etc.
Contradictions between the national and international legislation on statelessness
In addition to the above-mentioned fact that the national legislation fails to
reflect the stateless persons’ rights provided for by the 1954 Convention, some
regulatory legal acts substantially limit event the existing small scope of rights.
Among such regulations, it is worth mentioning the Family Code of Ukraine that
contains a discriminatory provision (Article 212)7 depriving stateless persons of
the right to adopt children, and the Criminal Code that allows foreigners and
stateless persons having committed crimes outside Ukraine and staying in its
territory to be extradited to a foreign state for criminal prosecution and committal
for trial (Article 10, part 2)8. The above-mentioned provision deprives the stateless
persons permanently residing in Ukraine of the right to be protected from
expulsion under article 31 of the 1954 Convention. The Code of Administrative
Offences of Ukraine imposes administrative liability for living in the territory of
Ukraine without a passport, with an invalid passport, or without registration of
the place of residence or stay, thereby punishing such persons for the fact that
they cannot obtain documents through no fault of their own, exposing them to
possible abuse on the part of law-enforcement bodies, and making them victims
of corruption. The legislation on foreigners and stateless persons9 provides for
a procedure of administrative detention for persons who stay unlawfully in the
country, which in turn creates risks for undocumented stateless persons, putting
them at risk of detention for subsequent removal. Undocumented persons can
include stateless persons and those at risk of statelessness who cannot obtain
identity papers not through their negligence but because of: 1) legislative gaps
that prevent such persons from obtaining documents; 2) lack of a statelessness
status determination procedure, which also denies them the opportunity to be
documented.
Access to rights of stateless under 1951 Refugee Convention: by-law
implementation
By-laws include some requirements that complicate access to Ukrainian
citizenship and sometimes make acquisition impossible. For example, when a
person granted refugee status in Ukraine lodges an application for naturalization,
the “Procedure for proceedings on applications and claims concerning citizenship
7 http://zakon2.rada.gov.ua/laws/show/2947-14
8 http://zakon2.rada.gov.ua/laws/show/2341-14
9 http://zakon2.rada.gov.ua/laws/show/80731-10
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