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

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.
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