Citizenship and nation-building in Ukraine - Chair of Ukrainian Studies

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INTERNATIONAL CONFERENCE Ukrainian state and nation-building can be gained from the studying citizenship policy. This paper will thus first offer an analysis of Ukrainian citizenship policy and politics over, and will then suggest ways in which the Ukrainian case in particular, and citizenship policy studies in general, can be integrated into broader social scientific research agendas. 2. Citizenship policy and politics in independent Ukraine. The “official” nation in the citizenship law Citizenship policy has many aspects and can be studied from many angles. Legal policy scholars tend to scrutinize the citizenship laws’ compatibility with the international legal principles. Social scientists generally focus on the relative inclusively or exclusivity of citizenship laws, and analyzes reasons for cross-national variations in this regard. Who is included into the initial body of citizens in a new state? What criteria must subsequent applicants for citizenship fulfill? Who is entitled to gain citizenship under simplified rules? Citizenship laws provide official answers to these questions, and by doing so delineate the official boundary between the “us” and the “other” of a given state. Citizenship laws thus define what can be called the “official” nation of a given state: the initial body of citizens and those who are entitled to become citizens under a simplified procedure. Let us consider how Ukraine defined its official nation, and why the official nation was defined this particular way. Table 1 illustrates how the definition of the “official” Ukrainian nation has evolved over the decade of Ukraine’s independence. As we can see, the citizenship law defines the nation by the territory of the states. This definition was reflected already in the 1991 citizenship law, and was upheld and broadened in the subsequent editions of the law adopted in 1997 and in 2001. TABLE 1 “OFFICIAL” UKRAINIAN NATION IN CITIZENSHIP LEGISLATION, 1991-2001 1991 citizenship law April 1997 amendments 2001 citizenship law to the 1991 law Those who were born on the territory of Ukraine, or at least one of whose parents or grandparents was born in Ukraine Those who were born on or permanently resided on the territory of Ukraine, and their descendents (children, grandchildren) Those who were born or permanently resided on the territory of Ukraine, or at least one of whose parents, grandparents, a full-blood brother or a sister, was born or permanently resided on the territory of Ukraine 2
INTERNATIONAL CONFERENCE The 1991 citizenship law, adopted when the Soviet Union was still legally in existence, 2 defined the “official” nation as those who, at the time of the law’s entry into force, were permanently residing in Ukraine, who were not citizens of other states, and who did not object to becoming citizens of Ukraine, plus those who have previously permanently resided in Ukraine but at the time of the law’s entry into force were abroad studying, working on state business, or serving in the armed forces. 3 This group – those who were born, or had at least one parent or grandparent born on the territory of Ukraine – has become the “official” Ukrainian nation, eligible to acquire citizenship under a simplified procedure. New edition of the citizenship law approved in April 1997 extended the “official” nation to include those who permanently resided (in addition to those born) on the territory of Ukraine, plus their children and grandchildren. 4 The latest edition of the citizenship law approved in January 2001 added brothers and sisters of those who were born or permanently resided on the territory of Ukraine to the “official” nation. The simplified procedure under which those defined as belonging to the nation were eligible to acquire citizenship was been made simpler with each edition of the law. Thus, the 1991 law exempted those who were born, or had at least one of the parents or grandparents born on the territory of Ukraine, from 5 year residency requirement, 5 the 1997 law exempted them from residency and language requirement, 6 while the 2001 law additionally exempted this group from requirements to present documentary evidence of the legal source of income and a proof of release from prior citizenship at the time of application. 7 Theories of citizenship policy and the Ukrainian case. Ukraine’s citizenship law thus defined the official nation territorially. The question to ask is why the official nation was defined this particular way. More generally, how does the political elites arrive at a particular definition of the “official” nation? Scholars of citi- 2. Draft 1991 citizenship law was first debated in the Rada in July 1991; repeated first reading took place on 12 September 1991; the law was approved on 8 October 1991 and entered into force on 13 November 1991. 3. Article 2 paragraphs 1 and 2 of the 1991 citizenship law, text of the law in Pravda Ukrainy, 14 November 1991. Under the 1991 law, the latter group (those studying, working on state business, or serving in the armed forces) could become citizens of Ukraine if they were not citizens of other states and declared their desire to become citizens of Ukraine within one year after the law’s entry into force. This deadline was extended to two years in January 1993 and to five years in October 1994. See Verkhovna Rada Ukrainy 1993; Verkhovna Rada Ukrainy 1994. 4. Article 2 paragraph 3 of the 1997 law, for text of the law see Verkhovna Rada Ukrainy 1997a. 5. Article 17 paragraph 2 of the 1991 law. 6. Article 16 of the 1997 law. 7. Article 8 of the 2001 law. The 2001law still required these persons to present a proof of release from prior citizenship within a year after submitting citizenship application. For text of the law see Verkhovna Rada Ukrainy 2001a. 3
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