125. Citizenship issues became more critical following the agreement between the Russian
Federation and the authorities in Crimea, which stipulates that the citizens of Ukraine and
stateless persons permanently residing in Crimea or in Sevastopol as of 18 March 2014 shall
be recognized as the citizens of the Russian Federation, with the exception of persons who
within one month thereafter declare a desire to maintain their or their minor children's active
citizenship or to remain stateless persons.
126. The deadline for Crimean residents to refuse Russian citizenship expired on 18 April,
after which applications for refusing Russian citizenship were no longer accepted.
127. The HRMMU was informed of constraints faced by Crimean residents who refuse to
acquire Russian citizenship: (1) the period granted for initiating the procedure of refusing
Russian citizenship (18 April) was too short; (2) instructions from the Russian Federal
Migration Service (FMS) on the refusal procedure were only available as of 1 April; (3)
information about FMS points was not available until 4 April; (4) from 4 - 9 April only two
FMS points were functioning - in Sevastopol and in Simferopol; (5) as of 10 April, 9 FMS
points were working: Sevastopol, Simferopol, Yalta, Bakhchisaray, Bilogorsk, Evpatoriya,
Saki, Kerch and Djankoy; (6) some requirements in the procedure of refusing Russian
citizenship evolved over time, such as the necessity to be make the application in person, and
that both parents were required for the application of a child. The HRMMU is concerned that
there may be problems with regard to the right to citizenship and will closely monitor any
related cases.
128. Article 5 of the adopted Law “On Occupied Territory” states that the forced automatic
acquirement of Russian citizenship by Ukrainian residents living in Crimea is not legally
accepted by Ukraine, and is not deemed as grounds for the withdrawal of Ukrainian
citizenship.
129. The HRMMU is concerned with reports that those who did not apply for Russian
citizenship are facing harassment and intimidation. It will be critical that they are ensured their
property and land rights, access to education and healthcare and face no curtailment to the
array of social benefits associated with citizenship. The transition period in Crimea will end on
January 2015. Allegedly, those who have refused to acquire Russian citizenship by this time,
will have to apply for residence permits; or else they could face deportation from the territory
of Crimea.
Freedom of movement
130. The “Law on Occupied Territory” has only minor restrictions to the freedom of
movement (foreigners and stateless persons will have to obtain a special permit to enter/leave
the occupied territory). Under article 10, freedom of movement between the Autonomous
Republic of Crimea and mainland Ukraine is allowed for Ukrainian citizens. On 14 April, the
authorities in Crimea announced that full access for Ukrainian citizens to Crimea will be
guaranteed as of 25 April.
58 | P a g e
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