International Legal Acts Concerning the Principles of the Citizenship and their Validity on the Temporarily Occupied Territory of Ukraine

  • N. Kinash

    Researcher of the Department of Constitutional Law and Human Rights of the National Academy of Internal Affairs, Kyiv, Ukraine

Keywords: principles of citizenship, international legal regulation of the principles of citizenship, citizens of Ukraine, occupied territory

Abstract

The article analyzes the international normative acts in which its external representation reflects the regulation of the principles of citizenship. The study is aimed at characterizing the legal acts concerning the international regulation of the principles of citizenship in order to improve the national legislation in the conditions of the occupation of part of the sovereign territory of Ukraine and possible further directions of research in this area.

Due to the occupation by the Russian Federation of part of the sovereign territory of Ukraine, where its citizens are located, the status of Ukrainian citizens residing in this territory also undergoes a certain transformation.

Therefore, there are a number of acute urgent issues of ensuring proper living conditions in the occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol.

The purpose of the article was to conduct a study of the current state of international legal acts, which find its external representation of the regulation of the principles of citizenship, as an element of the right status. At the same time, our study has a theoretical focus on the characterization of legal acts of international regulation of the principles of citizenship in order to improve the national legislation, in the conditions of temporary occupation of part of the sovereign territory of Ukraine, and outlining possible areas for further analysis of the chosen problem in law science.

Having committed armed aggression against Ukraine, the Russian Federation has grossly violated its obligations as established by international acts.

Since the temporary occupation of parts of the territory of Ukraine and at present, the Russian Federation is forcing (automatically) granting its citizenship to persons who are citizens of Ukraine, accompanied by these cynical and unlawful requirements regarding the change of Ukrainian citizenship in Russian, which leads to massive violations of the rights of Ukrainian citizens.

Summing up, in view of the above, and given that one of the priority tasks of the Ukrainian people in modern conditions is as soon as possible complete restoration of the territorial integrity of the state, which will lead to the political and legal, and thus practical solution of important issues concerning the full protection of the citizens of Ukraine who are now in the occupied territory, the possibilities to fully exercise their constitutional rights and freedoms, the author notes. The enshrined principles of citizenship in international legal acts are imperative in nature, and therefore the Russian Federation in the temporarily occupied territory of Ukraine violates the relevant international acts concerning the citizens of Ukraine. There should be a policy of constant appeal to the international institutions of which Ukraine is a party, with appeals for the peaceful return of its temporarily occupied territories and the requirements for approving the relevant international resolutions in this area. It is necessary to create effective state mechanisms for the protection of Ukrainian citizens staying in the temporarily occupied territory, taking into account the principles of citizenship, enshrined in international legal acts. To actively conduct information and legal policy on the possibility of appeals of citizens of Ukraine with claims to the Russian Federation.

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Author Biography

N. Kinash

Researcher of the Department of Constitutional Law and Human Rights of the National Academy of Internal Affairs, Kyiv, Ukraine


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How to Cite
[1]
Kinash, N. 1. International Legal Acts Concerning the Principles of the Citizenship and their Validity on the Temporarily Occupied Territory of Ukraine. Law Magazine of the National Academy of Internal Affairs. 15, 1 (1), 393-404.
Section
International experience