The Supreme Court explained when the State Migration Service can accept a declaration of renunciation of Russian citizenship

The Supreme Court has determined under what conditions Russian citizens who have acquired Ukrainian citizenship may submit a declaration of renunciation of Russian citizenship instead of a document on its termination. The court set out the relevant legal position in its resolution of July 13, 2026 in case No. 160/9564/23.

What was the dispute

The plaintiff, a citizen of the Russian Federation, acquired Ukrainian citizenship by territorial origin in 2021 and undertook a written obligation to terminate Russian citizenship within two years.

After the start of the full-scale invasion, the woman stated that she was unable to fulfill this requirement due to the suspension of the work of Russian diplomatic institutions in Ukraine. She submitted a declaration of renunciation of Russian citizenship to the State Migration Service, but was refused.

The SMS explained that the applicant did not apply to the competent authorities of the Russian Federation at all with an application to terminate citizenship, and therefore there are no legal grounds for accepting the declaration.

How the courts decided

The court of first instance supported the position of the State Migration Service and refused to satisfy the claim.

The Court of Appeal, on the contrary, recognized the refusal of the State Migration Service as illegal, noting that after February 24, 2022, the applicant objectively could not apply to Russian diplomatic institutions in Ukraine.

However, the Supreme Court overturned the appeal decision and upheld the decision of the court of first instance.

What the Supreme Court explained

The court noted that the Law of Ukraine “On Citizenship of Ukraine” allows filing a declaration of renunciation of foreign citizenship only if it is impossible to obtain a document on its termination for reasons beyond the control of the person.

Such reasons include, in particular:

the competent authority of a foreign state accepted the application, but did not issue the document within the established period;

the legislation of the relevant state does not provide for a procedure for termination of citizenship;

such a procedure is not actually carried out.

The Supreme Court emphasized that this list is exhaustive.

The severance of diplomatic relations does not exempt from the obligation to apply

The resolution states that the termination of the work of Russian diplomatic institutions in Ukraine does not in itself mean the impossibility of terminating Russian citizenship.

The court drew attention to the fact that the legislation of the Russian Federation provides for the possibility of submitting a corresponding application through the diplomatic institutions of the Russian Federation in other countries, as well as in other ways specified by Russian legislation.

Therefore, the absence of an embassy or consulate of the Russian Federation in Ukraine is not an automatic basis for submitting a declaration of renunciation of citizenship.

When the State Migration Service must accept a declaration

The Supreme Court formulated a clear legal position: the State Migration Service may accept a declaration only if the applicant proves that:

applied to the competent authorities of the Russian Federation with an application for termination of citizenship;

such an application was accepted or duly submitted;

within the established period, a document on the termination of citizenship was not issued or other circumstances beyond the control of the person, provided for by law, arose.

If the person did not apply to the Russian authorities at all with an application for renunciation of citizenship, there is no legal basis for accepting the declaration.

This is exactly the situation, as established by the Supreme Court, that occurred in this case, therefore the refusal of the State Migration Service was recognized as lawful.