Current Issues of Citizenship as a Determining Factor Affecting the Administrative and Legal Status of Citizens Under the Legal Regime of Martial Law

Abstract

The relevance of the study is determined by the insufficient exploration of the essence of citizenship, its genesis, and the diverse perspectives of scholars regarding its definition. Additionally, the legal institution of citizenship significantly impacts the administrative and legal status of individuals in the state under the conditions of martial law, particularly in terms of the fulfillment of citizens; obligations during this period. The aim of this article is to analyze the provisions of the Law of Ukraine ”On Citizenship”in the context of their compliance with the Constitution of Ukraine and international legal acts, as well as their impact on the rights and obligations of citizens during martial law. Furthermore, the article highlights existing issues within national citizenship legislation and proposes solutions to address them. The study employs both special and general scientific methods of legal research, including historical, dialectical, systemic analysis, formal-logical, and dogmatic methods. A systematic analysis of the norms of the Law of Ukraine “On Citizenship” is conducted, particularly regarding their impact on the exercise of rights and the fulfillment of obligations by citizens under the legal regime of martial law. These norms are also examined in the context of their compliance with the provisions of the Constitution of Ukraine and international legal acts that establish fundamental human and civil rights. As a result of the study, a new definition of “citizenship” is proposed, which significantly differs from the definition provided in the Law of Ukraine “On Citizenship”. It is concluded that the Law of Ukraine “On Citizenship” requires substantial amendments, particularly in terms of defining “citizenship”, the principles of citizenship legislation, and the procedures for acquiring and terminating citizenship. These changes are expected to have a positive impact on the administrative and legal status of citizens, especially during martial law.