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Forced “change of citizenship” due to Russian pressure has no legal consequences – Ministry of Justice

The Ministry of Justice of Ukraine stated that the normative legal acts of the occupying forces and the occupying administrations of the Russian Federation are void and do not create any legal consequences.

According to Ukrinform, this is stated in ministry clarification.

“Regulatory acts of the occupation forces and occupation administrations Russian Federation are void, do not create any legal consequences, and the nullity of these acts is not subject to appeal and cannot be canceled.

As noted, according to the Constitution of Ukraine, our state is legal, in which the principle of the rule of law is recognized and operates. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it.

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It is noted that public authorities and local self-government bodies, their officials are obliged to act only on the basis, within the limits of authority and in the manner provided for by the Constitution and laws of Ukraine.

Thus, according to the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine”, any bodies, their officials and employees in the temporarily occupied territory and their activities are considered illegal if these bodies or persons are created, elected or appointed in a manner not prescribed by law.

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Any act (decision, document) issued by the bodies and / or persons provided for in Part 2 of Art. 9 of this law is invalid and does not create legal consequences.

The Ministry of Justice also notes that the responsibility for violating the rights and freedoms of a person and a citizen defined by the Constitution and laws of Ukraine in the temporarily occupied territory rests with the Russian Federation as an occupying state, in accordance with the norms and principles of international law.

“The forced automatic acquisition by citizens of Ukraine residing in the temporarily occupied territory of the citizenship of the Russian Federation is not recognized by Ukraine and is not a basis for the loss of citizenship of Ukraine (parts three and four of Article 5 of this Law),” the ministry notes.

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In addition, it is noted that in accordance with the Law of Ukraine “On the Peculiarities of the State Policy for Ensuring the State Sovereignty of Ukraine in the Temporarily Occupied Territories in the Donetsk and Luhansk Regions”, the activities of the Russian armed formations and the Russian occupation administration in the Donetsk and Luhansk regions, which is contrary to the norms of the international rights, is illegal, and any act issued in connection with such activities is invalid and does not create any legal consequences, except for documents confirming the fact of the birth or death of a person in the temporarily occupied territories in Donetsk and Luhansk regions, which are attached to the application for state registration of birth, respectively. person and an application for state registration of the person’s death.

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Responsibility for material or non-material damage inflicted on Ukraine as a result of the armed aggression of the Russian Federation is assigned to Russia in accordance with the principles and norms of international law, the Ministry of Justice informs.

It is also noted that individuals, regardless of whether they are registered as internally displaced persons or whether they acquire a special legal status, and legal entities retain the right of ownership, other real rights to property, including real estate, including land which are located in the temporarily occupied territories in the Donetsk and Luhansk regions, if such property is acquired in accordance with the laws of Ukraine.

“The state of Ukraine, territorial communities of villages, towns, cities located in the temporarily occupied territories in the Donetsk and Lugansk regions, state authorities, local governments and other subjects of public law retain the right of ownership, other real rights to property, including on real estate, including land plots, located in the temporarily occupied territories in the Donetsk and Luhansk regions,” the statement says.

The Ministry of Justice also informs that the Cabinet of Ministers, given the constant violation of the principles and norms of international law and in connection with the systematic issuance of passport documents by a foreign state that harms the national interests of Ukraine, has approved a list of authorized bodies (divisions) of a foreign state, issued by which passport documents are not recognized by Ukraine (Clause 1 of the Order of the Cabinet of Ministers of Ukraine “On non-recognition by Ukraine of passport documents issued by authorized bodies of a foreign state” dated May 08, 2019 No. 362).

On February 24, Russian President Vladimir Putin announced the start of a full-scale invasion of Ukraine. Russian troops are shelling and destroying key infrastructure facilities, carrying out massive shelling of residential areas of Ukrainian cities and villages using artillery, multiple launch rocket systems, and ballistic missiles.

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