The Institute of Deprivation of Citizenship in Ukraine: Historical and Legal Development, Current State and Prospects for Reform

Abstract

The article provides a comprehensive analysis of the institute of deprivation of citizenship in Ukraine as a multifaceted legal phenomenon situated at the intersection of constitutional, administrative, and international law. The author explores the historical development of Ukrainian citizenship law, beginning with the nation-building processes of the early twentieth century, and traces the evolution of legal approaches to the deprivation of citizenship during both the Soviet and post-Soviet periods. It is emphasized that the Soviet model was repressive in nature, serving as a tool of political control, while the current Ukrainian legislation formally rejects the concept of deprivation of citizenship by introducing the notion of loss of citizenship. However, in practice, these concepts often overlap, creating legal ambiguity and procedural inconsistencies.

The article thoroughly examines the existing legislation of Ukraine, including the provisions of the Constitution and the Law “On Citizenship of Ukraine”, identifying contradictions between the constitutional prohibition of deprivation of citizenship and administrative procedures governing the loss of citizenship. Particular attention is paid to the international legal framework — the 1961 Convention on the Reduction of Statelessness, the 1997 European Convention on Nationality, and the case law of the European Court of Human Rights. The author substantiates the need for the harmonization of Ukrainian law with these international standards and highlights the importance of ensuring the individual’s right to judicial protection in cases concerning citizenship status.

The research formulates conceptual directions for reforming the institute of deprivation of citizenship in Ukraine. These include the legislative differentiation between “deprivation” and “loss” of citizenship, the introduction of judicial review of administrative decisions in this field, the creation of a unified state register of citizens, and the strengthening of safeguards against statelessness. The study concludes that reforming this legal institution will contribute to the consolidation of democratic statehood, the affirmation of the rule of law, and the effective fulfillment of Ukraine’s international human rights obligations.