Law No. 4502-IX clearly regulated multiple citizenship and its consequences for the first time

As of January 16, 2026, Ukraine’s legal framework underwent significant changes with the entry into force of Law No. 4502-IX “On Amendments to Certain Laws of Ukraine Regarding the Implementation of the Right to Acquire and Retain Ukrainian Citizenship.” This legislative act is the state’s response to contemporary migration trends and the need of millions of Ukrainians living abroad to maintain a legal connection with their homeland.

Instead of the long-standing practice of formally “not recognizing” other citizenship, the legislature has moved toward a mechanism for clear legal regulation of multiple citizenship: the concept has been defined, a list of permissible cases has been established, and safeguards and consequences have been laid out for specific situations. For citizens, this means fewer “gray areas” and greater predictability, provided that the criteria set forth by law are met.

The main goal of the reform is to balance the constitutional principle of single citizenship with the real needs of society. The updated legislation is based on the idea that Ukrainian citizenship should be accessible to those who see their future in Ukraine, regardless of their legal status in other countries. This helps preserve Ukraine’s human capital and creates conditions for the diaspora to return or actively participate in the country’s life.

The Legal Status of Multiple Citizenship and the Constitution

For a long time, the issue of multiple citizenship has been the subject of debate due to Article 4 of the Constitution of Ukraine, which establishes the principle of single citizenship. The constitutional phrase “single citizenship” does not, in and of itself, contain an explicit prohibition on a citizen of Ukraine holding citizenship (subjectship) of another state; it primarily means that there is a single citizenship of the state of Ukraine, rather than “citizenships” of administrative-territorial units. This logic is directly reflected in the Law of Ukraine “On Citizenship of Ukraine” (para. 2, part 1, Art. 2).

A key legal consequence for practice is enshrined in the same law: in legal relations with Ukraine, a citizen who holds another citizenship (subjectship) is recognized solely as a citizen of Ukraine (Article 2, Part 1, Paragraph 1). It is precisely because of this structure that Law No. 4502-IX does not “abolish” the principle of single citizenship, but rather specifies its application in situations of de facto multiple citizenship.

The law officially defines the term “multiple citizenship (subjectship)” as a person’s simultaneous holding of citizenship (subjectship) of two or more states. It is important to understand that Ukraine recognizes multiple citizenship not in the abstract, but only in cases expressly provided for by law (in particular, Article 5-1 of the Law of Ukraine “On Citizenship of Ukraine”), and subject to compliance with safeguards.

The key safeguard remains unchanged: if a citizen of Ukraine has acquired the citizenship of another state, then in legal relations with Ukraine, he or she is recognized solely as a citizen of Ukraine. This means that holding a second passport does not entitle the holder to a “double” set of rights or exemption from the obligations imposed on Ukrainian citizens within the territory of Ukraine.

Practical Aspects of Residence and Citizenship Registration

An important part of the law is the update to the terminology regarding the stay of foreigners in Ukraine, which directly affects the procedure for acquiring citizenship. In particular, a clear definition of “continuous residence on the territory of Ukraine” has been introduced. This now refers to a person’s permanent residence, provided that any single trip abroad for personal reasons did not exceed 90 days and the total duration of such trips in a year did not exceed 180 days. At the same time, the law provides for important exceptions: travel for the purposes of education, medical treatment, rehabilitation, or a business trip is not considered a violation of this requirement if the person can provide the relevant supporting documents.

Special attention is given to defenders of Ukraine. For foreigners serving under contract in the Armed Forces of Ukraine, the National Guard, or the State Special Transport Service, residency status is now confirmed directly by a military ID or other military registration document. This significantly simplifies the process of legalization and subsequent acquisition of citizenship for those who defend Ukraine’s sovereignty with arms in hand.

Legalization of Multiple Citizenship: Conditions and the Declaratory Procedure

Article 5-1 of the Law of Ukraine “On Citizenship of Ukraine” No. 2235-14 dated January 16, 1992, as amended, with the amendments effective as of January 16, 2026, contains an exhaustive list of cases in which the possession of another citizenship is officially recognized by Ukraine. These include: a child’s simultaneous acquisition, by birth, of Ukrainian citizenship and the citizenship of another state; a child who is a citizen of Ukraine acquiring the citizenship of their foreign adoptive parents; the automatic acquisition of another citizenship as a result of marriage to a foreign national; and the automatic acquisition of another citizenship by an adult through the application of foreign law, provided that such a citizen has not received an official document confirming this.

For many categories of individuals, the law has opened a “declaratory” path to a Ukrainian passport. Instead of the complex and often impossible process of renouncing previous citizenship, a procedure has been introduced for submitting a declaration of renunciation of foreign citizenship and acknowledging oneself as solely a citizen of Ukraine. The right to submit such a declaration is granted to refugees; foreigners and stateless persons serving in the military under contract in military units specified by law (as well as their children and spouses); persons who have rendered outstanding services to Ukraine; and citizens of an aggressor state (occupying state) who have been persecuted for political reasons in connection with their activities in defense of Ukraine’s national interests.

A separate declaration of self-recognition as a citizen of Ukraine applies to citizens of countries whose nationals are eligible to acquire Ukrainian citizenship through a simplified procedure. The list of such states is determined by the Cabinet of Ministers of Ukraine, taking into account, in particular, the relevant state’s membership in the EU and its imposition of sanctions in connection with armed aggression against Ukraine (Article 10-1 of the Law of Ukraine “On Citizenship of Ukraine”).

Social Obligations, Taxes, and Military Service

Questions often arise in society regarding double taxation or receiving two pensions. It is important to understand that holding a second passport does not, in and of itself, change the rules for paying taxes or calculating social benefits. These areas are governed, in particular, by tax residency status and international treaties.

According to the Ministry of Finance of Ukraine, there are 70 bilateral conventions (agreements) on the avoidance of double taxation in effect between Ukraine and other countries. These agreements determine in which country and to what extent certain types of income are taxed, as well as the mechanisms for crediting taxes already paid. Pension benefits in cross-border situations also depend primarily on the existence of a relevant intergovernmental agreement and the model set forth therein (the territorial or proportional principle).

With regard to military service, the law takes a clearly restrictive stance: in legal relations with Ukraine, a person with multiple citizenships is considered exclusively a citizen of Ukraine. This means that holding another citizenship is not grounds for exemption from mobilization or conscription. The issue of military service for individuals who have obligations to two states simultaneously will require further regulation through special intergovernmental agreements, which is common international practice.

National Security Safeguards and Protection Against an Aggressor

National security safeguards in the area of citizenship focus, first, on mechanisms for terminating citizenship on specific grounds (see below), and second, on special legislation governing public service. In particular, the law explicitly establishes restrictions on entry into the civil service: a person who holds the citizenship of another state may not enter the civil service (para. 6, part 2, Art. 19 of the Law of Ukraine “On the Civil Service”). Thus, even if Ukrainian citizenship is retained, holding multiple citizenships can have significant consequences for the exercise of the right to hold positions in the public sector.

A separate component of the reform focuses on humanitarian exceptions for citizens of an aggressor state (occupying state) who have been persecuted for political reasons. The law introduces a corresponding definition and links it to pro-Ukrainian activities (support for Ukraine’s territorial integrity, countering aggression, etc.). Such individuals are provided with the opportunity to acquire Ukrainian citizenship under special rules using a declaratory mechanism.

At the same time, Law No. 4502-IX has expanded the grounds for loss of Ukrainian citizenship. In particular, the following are specified as grounds: the voluntary acquisition by an adult citizen of Ukraine of citizenship (subjectship) of an aggressor state (occupying state), as well as of a state whose citizens are not eligible to acquire Ukrainian citizenship through a simplified procedure (para. 1-1, part 1, Art. 19 of the Law of Ukraine “On Citizenship of Ukraine”).

The key criterion is voluntariness. If another citizenship was imposed forcibly or automatically without the person’s free expression of will, the question of whether the “voluntariness” criterion is met must be assessed taking into account the specific circumstances and evidence. In this context, case law will be of decisive importance.

Conclusions

Law No. 4502-IX is a pragmatic step that brings the regulation of citizenship into line with modern migration realities without abandoning the constitutional principle of single citizenship. Instead, the law:

- introduces a definition of multiple citizenship (nationality) and clarifies the terms relevant to naturalization procedures;

- establishes a list of cases in which multiple citizenship is recognized by Ukraine (Article 5-1 of the Law of Ukraine “On Citizenship of Ukraine”);

- establishes a “managed” mechanism for the simplified acquisition of citizenship by citizens of certain states through a decision of the Cabinet of Ministers of Ukraine (Article 10-1);

- establishes additional consequences for adult citizens of Ukraine in the event of voluntary acquisition of citizenship of certain states (Article 19).

The success of the reform will largely depend on the quality of subordinate legislation (in particular, the lists to be approved by the Cabinet of Ministers of Ukraine) and consistent law enforcement practices.

For the general public, the key practical rule is simple: multiple citizenship has become legally “recognized,” but its consequences depend on the specific grounds for acquiring second citizenship and on which group the relevant country belongs to.




Author: Oleksiy Shevchuk, Attorney and Partner at Barristers

Source: https://blog.liga.net/user/oshevchuk/article/58535

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