From Single to Multiple: The President’s Proposals to the Citizenship Law

Development of the concept of citizenship and dual citizenship

Until the late 19th century, the theory of subjecthood, which emphasized eternal loyalty to a sovereign (the person who held absolute power in the state), was widespread. This theory asserted that individuals were bound to their sovereign country for life. However, with the rise of migration, this approach began to create conflicts, as monarchs regarded individuals who had relocated to another country or even another continent as their subjects, calling them to military service. The US Expatriation Act of 1868 changed this paradigm, allowing Americans to renounce their previous citizenship (Britain was forced to accept this within a few years).

The Hague Convention of 1930 was the first attempt to codify citizenship rules at the international level, but only a few countries ratified it. In the first half of the 20th century, dual citizenship was prohibited mainly. The legal regulation of dual citizenship gained momentum after World War II when over 60 million people left their home countries. Dual citizenship spread relatively quickly: in 1960, only a little over a third of countries allowed it, whereas by 2020, three-quarters (76%—see Figure 1) did. Today, due to globalization, migration, and the need to maintain connections with the diaspora, more and more countries explicitly or implicitly permit dual citizenship. 

However, approaches to recognizing dual citizenship vary across countries, so the lists of countries that recognize dual citizenship differ. This article relies on data from the European University Institute dedicated to social sciences and humanities (see the map).

The data on the map is based on whether dual citizenship is allowed or prohibited for citizens of this country and foreigners. The data from the Maastricht Centre for Citizenship, Migration, and Development is similar to that of the European University Institute but considers both the legal and actual situation. For example, according to their methodology, Ukraine is classified as a country that recognizes dual citizenship, as when a Ukrainian acquires citizenship of another country, they do not automatically lose their Ukrainian citizenship: the revocation of citizenship occurs only after an appropriate presidential decree. By default, the state considers any Ukrainian citizen as a Ukrainian, regardless of whether they hold additional citizenships.

Approaches to Multiple Citizenship Worldwide

There are many approaches to regulating dual (multiple) citizenship worldwide.

Unlimited dual citizenship:  

The United States, Canada, Brazil, Australia, and several other countries explicitly allow their citizens to hold dual citizenship without restrictions. In these countries, acquiring a second citizenship does not affect a person’s primary citizenship status. Dual citizenship can be obtained by birth, descent, marriage, or naturalization. For example, children born in the United States to foreign parents can automatically become dual citizens, as they acquire US citizenship at birth but may also inherit their parents' citizenship. 

Unconditional dual citizenship:  

Some countries, like Iran, do not allow their citizens to renounce their citizenship: even if an Iranian acquires foreign citizenship, they remain an Iranian citizen. Additionally, Iranian citizenship is automatically granted to anyone with an Iranian father, regardless of their place of birth or residence. 

Dual citizenship with restrictions and conditions:

In some countries, dual citizenship is permitted only under certain circumstances. For example, children born and raised in Germany to foreign parents previously had to choose between their parents' citizenship and German citizenship within five years after reaching adulthood. However, this requirement has now been abolished. Following the 2024 citizenship law reform, Germany accepts dual citizenship in all cases. German citizens no longer lose their citizenship if they acquire a foreign one, and foreigners who choose to become Germans are no longer required to sever ties with their home country.  

In some countries, such as Israel and South Korea, dual citizenship is allowed but with specific conditions regarding military service. International agreements on dual citizenship generally stipulate that a person who has completed military service in one country is exempt from service in the other. However, in Israel and South Korea, men with dual citizenship are still required to serve in the military.  

Formally prohibited but practically accepted dual citizenship:  

In some cases, dual citizenship is not explicitly recognized by law or is even officially prohibited, but it is allowed in practice. For example, Japanese law does not permit dual citizenship. After acquiring a second citizenship, an individual has two years to choose between the two. If the person opts for Japanese citizenship, they must renounce the foreign one or at least officially declare their intent to do so ("declaration of choice"). 

Strictly prohibited dual citizenship:  

Some countries, such as China, India, Saudi Arabia, and Singapore, do not recognize dual citizenship under any circumstances. For instance, in China, according to the Constitution, when a citizenship application is approved, except for stateless persons, applicants are required to submit proof of renunciation of their foreign citizenship within six months of receiving the approval notice; otherwise, the granted permission becomes invalid. In Singapore, when taking the citizenship oath, a person must renounce their previous citizenship. If the government discovers that a person holds citizenship in another country, they will be stripped of their Singaporean citizenship. Moreover, a Singaporean citizen cannot renounce their citizenship if they have not completed compulsory military service.  

Why is this issue important for Ukraine?

Because some Ukrainian citizens hold multiple passports, discussions about dual citizenship periodically arise in our society. Ultimately, dual citizenship may be introduced, as there are several important reasons for doing so.

Firstly, there are foreign volunteers who have come to Ukraine to serve in the Armed Forces and the National Guard. They risk their lives defending our state's sovereignty. However, not all of them are willing to renounce their own citizenship (especially volunteers from EU countries). Introducing multiple citizenship would allow these individuals to obtain the proper legal status in Ukraine and ensure their full integration into Ukrainian society.

Secondly, due to the full-scale invasion, around 6.5 million citizens are in EU countries and other parts of the world. Some of them may be considering acquiring citizenship in their host countries. Multiple citizenship could help maintain their connection to Ukraine while allowing them to adapt to their new countries of residence.  

A third important aspect is the Ukrainian diaspora, primarily formed by Ukrainians who moved to other countries in the 20th century. Estimates suggest this diaspora ranges from seven million to 20 million people worldwide. Many of these individuals actively support Ukraine and identify as Ukrainians but are unwilling to renounce their citizenship in the country of their residence to obtain a Ukrainian passport. Implementing multiple citizenship could strengthen these ties and attract additional resources for Ukraine's recovery. 

Another equally important issue is the simplified granting of Romanian and Hungarian passports to Ukrainian citizens in the western regions. This creates certain political and security risks that require regulation. Introducing multiple citizenship could provide transparency in this process and reduce the influence of foreign states on Ukraine’s internal politics.

Two issues related to the citizenship of aggressor states need to be considered separately. It is evident that Ukraine is unlikely to establish dual citizenship with these countries. However, it is necessary to address the situation of those who have acquired such citizenship forcibly or are unable to renounce it through the standard procedure.

The first issue is the forced passportization of Ukrainian citizens in the occupied territories. 

Many Ukrainians who found themselves under occupation were compelled to obtain Russian passports (while sometimes retaining their Ukrainian passports), and some children were born during the occupation without Ukrainian documents. Although Ukraine does not recognize this forced passportization, and these people officially remain Ukrainian citizens, the complex question of their legal status after liberation arises, which needs to be resolved at the legislative level. Additionally, children born under occupation will likely need to receive documents through a simplified procedure.

The second issue concerns Russian and Belarusian citizens who are fighting for Ukraine or have been living in Ukraine for a long time.

Some of them arrived even before the full-scale invasion or before 2014. According to data from the State Migration Service of Ukraine (SMS), as of February 29, 2024, 156,191 Russian citizens permanently resided in Ukraine, while another 1,381 had temporary residence permits. Like Belarusian citizens, they cannot obtain Ukrainian citizenship because they would need to return to their respective countries and undergo the procedure of renouncing their citizenship.

For those who serve (or have served and were discharged for health reasons) in the Ukrainian Armed Forces (AFU), Territorial Defense Forces (TDF), or volunteer formations, as well as for their family members, a simplified procedure for obtaining citizenship has been introduced: they can declare their renunciation of their previous citizenship without the need to get any documents from the aggressor countries, including a passport. The law allows this procedure to be completed with an expired ID. A similar simplification has also been implemented to obtain a residence permit. 

Ukrainian citizenship today

Currently, in Ukraine, citizenship matters are regulated by the Constitution and the 2001 Law of Ukraine "On Citizenship." The fundamental principle is single citizenship. This means a Ukrainian citizen is recognized only as a Ukrainian citizen in legal relations with Ukraine, even if they hold citizenship of another state. This is enshrined in Article 2 of the Law on Citizenship: "If a citizen of Ukraine has acquired citizenship (subjecthood) of another state or states, they are recognized only as a citizen of Ukraine in legal relations with Ukraine, and conversely, if a foreigner has acquired Ukrainian citizenship, they are recognized only as a citizen of Ukraine in legal relations with Ukraine." Essentially, Ukraine "turns a blind eye" to its citizens holding a second passport, although Article 4 of the Constitution of Ukraine states that "In Ukraine, there is single citizenship."

The Grand Chamber of the Supreme Court has acknowledged this situation: "Current Ukrainian legislation does not provide a clear prohibition of dual citizenship. Thus, dual (multiple) citizenship is not de jure provided in Ukraine at the legislative level. However, it exists via facti (e.g., when a child simultaneously acquires Ukrainian citizenship by birth and the citizenship of another state or states). However, dual citizenship in an adult may be grounds for the termination of Ukrainian citizenship due to its loss through active actions aimed at acquiring citizenship of another state, which does not constitute the revocation of Ukrainian citizenship." 

The Constitutional Court of Ukraine is currently considering the interpretation of the constitutional article that states, "In Ukraine, there is single citizenship," and its decision could significantly impact legislative initiatives in this area. 

The procedure for revoking citizenship and the de facto existence of dual citizenship

According to Article 25 of the Constitution of Ukraine, citizens cannot be deprived of their citizenship without their voluntary consent. Loss of citizenship may occur due to renouncing citizenship, voluntarily acquiring another citizenship, or serving in another state's military. In practice, the procedure for renouncing Ukrainian citizenship is lengthy and often not enforced.

There are no sanctions or fines for holding dual citizenship in Ukraine. Moreover, there is no formal procedure for declaring second citizenship, making it difficult to verify its existence. In practice, even if a citizen discloses holding another citizenship, it does not lead to the automatic loss of Ukrainian citizenship but rather provides grounds for the potential loss (revocation) of Ukrainian citizenship.

Which approach to multiple citizenship would suit Ukraine?

Given the factors discussed above, Ukraine should adopt a hybrid approach to multiple citizenship:

• Maintaining the current approach, which does not prohibit dual citizenship for Ukrainians but also does not legally recognize it in relations with the state. This means that if a Ukrainian acquires citizenship of another country but has not undergone the procedure to renounce Ukrainian citizenship, they will still be considered a Ukrainian citizen by Ukraine.
• Recognizing dual citizenship for foreigners from certain countries (EU countries, the USA) who wish to become Ukrainian citizens and for Ukrainians who want to obtain citizenship of specific countries could be regulated through international agreements, similar to Spain's approach of recognizing dual citizenship with several Latin American countries.
• In the event of recognizing dual citizenship, Ukraine should establish an open registry of individuals with dual citizenship to have complete information about such citizens. This information would be essential for employment in security or military structures, arms production enterprises, civil service positions with access to classified information, etc.

A law recognizing dual citizenship in Ukraine (if passed) must address issues such as military service, taxation, and the right to run for office and vote in elections.

According to the European Convention on Nationality, individuals with dual citizenship fulfill their military service obligations permanently in the country where they reside. This means that those who permanently reside in Ukraine must perform military service on equal terms with other Ukrainian citizens. Alternatives for Ukrainian citizens who reside abroad could include offering the possibility of alternative service or the payment of a military levy.

Individuals with dual citizenship must pay taxes in Ukraine on income earned within the territory of Ukraine, regardless of their place of permanent residence. For income earned abroad, the mechanism for avoiding double taxation can be applied in accordance with international agreements.

Individuals with dual citizenship should only have the right to run for office in Ukraine and participate in voting if they have permanently resided in Ukraine for a certain period (5–10 years).  

Those with dual citizenship who permanently reside in Ukraine should have the right to receive pensions and social benefits on equal terms with other Ukrainian citizens. For Ukrainian citizens who permanently reside abroad, the possibility of receiving pensions and social benefits could be considered according to international agreements.

Presidential initiatives

Between 2019 and 2021, President Volodymyr Zelensky proposed several bills to simplify the process of acquiring Ukrainian citizenship for citizens of certain countries and strengthen control over individuals with dual citizenship. Among his initiatives was replacing the declaration of renouncing other citizenships with an oath or a declaration of recognition as a Ukrainian citizen, which obligates foreigners seeking Ukrainian citizenship to recognize themselves solely as Ukrainian citizens within the country. Another idea includes requiring candidates for elected and state positions to confirm the absence of foreign citizenship. In other legislative proposals, the President suggests prohibiting individuals with dual citizenship from being members of political parties or election commissions, accessing state secrets, holding leadership positions, or working in customs or the judiciary. One more legislative initiative proposes fines ranging from UAH 850 to UAH 1,700 for the late submission or failure to submit a declaration about the possession or absence of another country's citizenship or the initiation of the process of acquiring it. In addition to fines, criminal liability is proposed for deliberately providing false information in such declarations, with penalties ranging from UAH 68,000 to UAH 85,000 or up to three years of restricted freedom, including losing the right to hold certain positions.

In 2024, the President registered several more bills that directly provide for recognizing dual (multiple) citizenship. 

One of the proposals suggests creating a list of countries whose citizenship Ukrainians can hold without losing their Ukrainian citizenship. The proposed list currently includes 35 countries, mainly EU nations, the UK, the USA, and Japan. However, it excludes countries with significant Ukrainian diasporas, such as Australia, Israel, and several Latin American countries. Another bill formalizes the possibility for Ukrainians and foreigners to hold dual citizenship with Ukraine, provided the other state does not threaten Ukraine's national security. Additionally, the bill introduces a new ground for the loss of Ukrainian citizenship: using a foreign passport within Ukraine if it threatens national security. This could include making agreements that harm the economy, hiding foreign income, evading military service, and undermining the country's defense capability. 

The latter bills should include provisions introducing administrative or criminal liability for concealing dual citizenship.

Conclusions and recommendations

Adapting to Global Trends: In international changes and globalization, dual citizenship has become a standard tool for maintaining ties with the diaspora and facilitating migration. Ukraine should follow the example of European Union countries and other developed nations that allow dual citizenship. This would help preserve connections with citizens forced to leave the country due to the war.

Protecting the Rights of Foreign Volunteers: Foreign volunteers participating in Ukraine's defense should be allowed to retain their original citizenship alongside Ukrainian citizenship. This would strengthen their motivation to serve and integrate into Ukrainian society (with specific procedures in place for citizens of Russia and Belarus).

Support from the Ukrainian Diaspora: Dual citizenship will be crucial for strengthening ties between Ukraine and its diaspora. This will not only help preserve national identity but also encourage Ukrainians abroad to invest in the country's post-war recovery.

Alleviating the Demographic Crisis: The introduction of multiple citizenship could help address the demographic crisis caused by mass migration and war. It would allow Ukrainian citizens seeking new opportunities abroad to retain their citizenship while remaining open to returning or investing in Ukraine. Additionally, it could offer citizenship to foreigners who wish to build their lives in Ukraine without completely severing ties with their country of origin.

Legislative Transparency and Clear Regulations: Ukraine must develop precise mechanisms and legal frameworks for acquiring and revoking citizenship. This would allow citizens to comply with Ukrainian laws, even if they hold another citizenship while preventing the misuse of dual citizenship in the interests of certain countries, particularly aggressor states.

International Cooperation and Agreements: Ukraine should actively pursue international agreements with countries hosting Ukrainian migrants and refugees to ensure the protection of their rights and the ability to retain their Ukrainian citizenship.