The problem of calculating the general term for reviewing of applications in the administrative procedure of termination of Ukrainian citizenship

Abstract

 The problem of calculating terms in proceedings for applications and petitions on Ukrainian citizenship issues, and violation of the right of Ukrainian citizens to renounce from Ukrainian citizenship in this regard, is considered. The stated problem is based on the relevant judgments of the Supreme Court, according to which the terms of consideration of applications and petitions for the termination of citizenship do not apply to the President of Ukraine, and this, for a long time, creates a situation of legal uncertainty for such citizens of Ukraine and excludes the possibility of evaluating of actions of President, on the subject of illegal inactivity, by administrative courts. In order to solve the specified problem, the article carries out a scientific and practical analysis of the relevant provisions of the "Order of Proceedings for Applications and Petitions on Citizenship of Ukraine and Implementation of Judgments" with the aim of establishing the stages and subjects to which the specified general (annual) term of review of applications and petitions on the termination of Ukrainian citizenship should apply in the aspect of covering by aforementioned term of stage of adoption by the President of Ukraine of decrees on citizenship issues. Carrying out a systematic interpretation of the norms of the specified Procedure, it was established that the content of Section IV (in which the "cumulative annual period" for reviewing of applications for renunciation of citizenship is established) and the subjects specified in it cover all stages of adoption of documents for renunciation of citizenship - from the moment of submitting the application to the consulate and until the decision is made by the President of Ukraine. On the basis of a scientific and practical analysis of the norms of the specified Procedure, it was substantiated that the above-mentioned general (annual) term for consideration of applications and petitions on the termination of Ukrainian citizenship covers the entire process of adoption of documents from the moment a person applies to the consulate with an application to renounce from the citizenship of Ukraine and until the moment of adoption by the President of Ukraine of a decision (decree) on the termination of a person's citizenship of Ukraine. In this regard, it was concluded that the stage of issuing a decree by the President of Ukraine on the termination of Ukrainian citizenship is included in the "process of renouncing from Ukrainian citizenship at the request of a citizen", which should not exceed one year from the date of acceptance of the request for renouncing by the foreign representation of Ukraine in the country of residence of applicant.