On the ratification of the Agreement between the Republic of Kazakhstan and Ukraine on the Simplified procedure for the Acquisition and Termination of Citizenship by citizens of the Republic of Kazakhstan Permanently Residing in Ukraine and Citizens of Ukraine Permanently Residing in the Republic of Kazakhstan, and the prevention of Cases of Statelessness and dual citizenship
The Law of the Republic of Kazakhstan dated March 16, 2001 No. 165.
To ratify the Agreement between the Republic of Kazakhstan and Ukraine on the Simplified procedure for the Acquisition and Termination of Citizenship by citizens of the Republic of Kazakhstan Permanently Residing in Ukraine and Citizens of Ukraine Permanently Residing in the Republic of Kazakhstan, and the Prevention of Cases of Statelessness and Dual Citizenship, concluded in Kiev on May 19, 2000.
President
Republic of Kazakhstan
Agreement*
Agreement between the Republic of Kazakhstan and Ukraine on the simplified procedure for the acquisition and termination of citizenship by citizens of the Republic of Kazakhstan permanently residing in Ukraine and citizens of Ukraine permanently residing in the Republic of Kazakhstan, and the prevention of cases of statelessness and dual citizenship
*(Entered into force on July 8, 2001 - Bulletin of International Treaties of the Republic of Kazakhstan, 2002, No. 1, art. 15; No. 2, art. 24) The Republic of Kazakhstan and Ukraine, hereinafter referred to as the Parties, proceeding from the desire of the peoples of the two countries to preserve and strengthen historical, traditionally friendly ties with regard to ensuring human rights and freedoms to their citizens, wishing to provide citizens of the other Party with the opportunity to acquire citizenship in a simplified manner, and their citizens the opportunity to terminate citizenship in a simplified manner, seeking to prevent cases of statelessness and dual citizenship, have agreed on the following:
Article 1 Each Party will provide citizens of the other Party permanently residing lawfully in its territory with a simplified procedure for acquiring citizenship, and its citizens permanently residing lawfully in the territory of the other Party with a simplified procedure for termination of citizenship if one of the following conditions is met: a) if the applicant permanently legally resides in the territory of the other Party of the acquired citizenship, regardless of from the length of stay; b) if the applicant, or at least one of his parents (adoptive parents), grandfather or grandmother, was born or permanently legally resided in the territory of the Party to acquire citizenship, or if the applicant has at least one of his close relatives permanently residing legally in the territory of the Party to acquire citizenship and who are its citizens: spouse), one of the parents (adoptive parents), a child (including an adopted one), a sister, brother, grandfather or grandmother, grandson (granddaughter). The applicant submits an application for acquisition of citizenship of one Party and simultaneous termination of citizenship of the other Party. The provisions of this article do not apply to persons who: 1) have committed crimes against humanity or carried out genocide, or have committed crimes against the State or serious crimes against the individual; 2) have been sentenced to imprisonment until their criminal record is lifted; 3) are under investigation or are avoiding punishment, or have committed a crime on the territory of one of the Parties or a third State.; 4) acquired the citizenship of another State.
Article 2 In order to acquire the citizenship of one Party and terminate the citizenship of the other Party, the persons referred to in part one of Article 1 of this Agreement shall submit to the competent authorities of the other Party of the acquired citizenship at their place of permanent residence: an application in the form agreed upon by the competent authorities of the Parties; three photographs; a document confirming the existence of one of the conditions provided for in Part one Article 1 of this Agreement; a document confirming permanent legal residence in the territory of the Party of acquired citizenship; a document confirming the performance of military duty or exemption from military duty (for persons of military age). The competent authorities of the Party to the acquired citizenship shall register the acquisition of citizenship of one of the Parties within a period not exceeding three months from the date of submission of the specified documents. The competent authorities of the Party to the acquired citizenship shall refuse to apply to the applicant for the acquisition of citizenship in the presence of the circumstances provided for in part three of Article 1 of this Agreement. Within ten days after registration of the acquisition of a new nationality by a person, the competent authorities of the Party to the acquired nationality shall issue to the person a document confirming the acquired nationality, withdraw the document confirming the terminated nationality, and forward it through diplomatic channels to the Party to the terminated nationality along with a notification of the fact of registration of the acquisition of nationality, indicating its date. Within two months after receiving the notification of the acquisition of a new citizenship by a person, the Party to the terminated citizenship forms out the termination of citizenship and informs the Party to the acquired citizenship about it. The date of registration of acquisition of citizenship of one of the Parties will be the date of termination of citizenship of the other Party. The Parties shall exempt the persons specified in the first part of Article 1 of this Agreement from paying all mandatory fees and duties related to the termination and acquisition of citizenship of the Parties in accordance with this Agreement.
Article 3 When the citizenship of the parents is changed, as a result of which both acquire the citizenship of one Party and terminate the citizenship of the other Party, the citizenship of their minor children (under the age of eighteen) is changed accordingly. The nationality of minor children, one of whose parents is a citizen of one of the Parties, and the other parent acquires the citizenship of the other Party, is determined by the agreement of the parents, which must be expressed in an application submitted in accordance with Article 2 oArticle 3 When the citizenship of the parents is changed, as a result of which both acquire the citizenship of one Party and terminate the citizenship of the other Party, the citizenship of their minor children (under the age of eighanged accordingly. The nationality of minor children, one of whose parents is a citizen of one of the Parties, and the other parent acquires the citizenship of the other Party, is determined by the agreement of the parents, which must be expressed in an application submitted in accordance with Article 2 of this Agreement. If the parents have not reached an agreement on changing the citizenship of minor children, the child is a citizen of the Party in whose territory the parents permanently reside. Minor children whose parents live separately retain the citizenship of the parent in whose care they are, unless otherwise agreed between the parents. The citizenship of minor children does not change when the citizenship of parents deprived of parental rights is changed. The consent of parents deprived of parental rights is not required to change the citizenship of minor children.
Article 4 Issues not regulated by this Agreement are regulated by the internal legislation of the Parties. If the domestic legislation of the Parties establishes more preferential conditions for the acquisition of citizenship for the persons specified in the first part of Article 1 of this Agreement, the domestic legislation of the Parties shall apply in this case. Article 5 Issues relatedArticle 4 Issues not regulated by this Agreement are regulated by the internal legislation of the Parties. If the domestic legislation of the Parties establishes more preferential conditions for the acquisition of citizenship for the persons specified in the first part of Article 1 of this Agreement, the domestic legislation of the Parties shall apply in this case. Article 5 Issues related to the interpretation or application of the provisions of this Agreement are resolved through consultations or exchange of notes between the Parties.
Article 6 This Agreement is subject to ratification and enters into force on the thirtieth day after the date of the exchange of instruments of ratification by the Parties.
Article 7 This Agreement is valid for five years from the date of its entry into force and is automatically extended for a further five-year period, unless either Party notifies the other Party in writing of its intention to terminate this Agreement six months before the expiration of the next period.
Done in Kiev on May 19, 2000, in two originals, each in the Kazakh, Ukrainian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the text in Russian.
For the Republic of Kazakhstan For Ukraine
(Experts: Umbetova A.M.,
Sklyarova I.V.)
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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