After losing her passport in Bakhmut, a woman had to prove her residence in Ukraine as of 1991 through the court: what the Supreme Court decided

The issue of confirming Ukrainian citizenship has become especially relevant after the full-scale war, when many citizens lost their documents due to hostilities or occupation. Therefore, judicial practice regarding the establishment of legal facts necessary for document processing is of great importance for law enforcement.

The Supreme Court, in a panel of judges of the First Judicial Chamber of the Cassation Civil Court, in the ruling dated June 19, 2026, in case No. 189/1806/24, considered the issue of establishing the fact of permanent residence on the territory of Ukraine to confirm citizenship of Ukraine after losing a passport due to hostilities.

Case circumstances

In July 2024, the applicant filed a claim to establish the fact of her permanent residence on the territory of Ukraine as of August 24, 1991, and November 13, 1991.

The need to go to court arose after she lost her Ukrainian citizen passport during shelling of the city of Bakhmut by Russian troops, and when applying to the State Migration Service for a new passport, she was informed about the necessity to provide documents confirming the fact of permanent residence in Ukraine as of August 24 or November 13, 1991, including a relevant court decision.

To support her claims, the applicant provided documents of birth in Ukraine, marriage registration, birth of her daughter in Donetsk, as well as other evidence confirming her long-term residence in Ukraine.

The court of first instance established the fact of the applicant's permanent residence in Ukraine as of August 24, 1991, and November 13, 1991. The appellate court upheld this decision.

The Main Department of the State Migration Service in Dnipropetrovsk region filed a cassation appeal, arguing that the evidence of residence was insufficient and that there were inconsistencies in the applicant's explanations.

Supreme Court's position

The Supreme Court indicated that establishing the fact of permanent residence in Ukraine at the time of the declaration of Ukraine's independence or the entry into force of the Law of Ukraine "On Citizenship of Ukraine" is a basis for confirming citizenship of Ukraine according to paragraphs 1 and 2 of part one of article 3 of this Law.

The court noted that only the fact of permanent residence in Ukraine of the person, child, parents of the child (one of them), or another legal representative at the time of the declaration of independence of Ukraine (August 24, 1991) or the entry into force of the Law of Ukraine "On Citizenship of Ukraine" (November 13, 1991) has legal significance.

The court emphasized that to establish the fact of citizenship according to the provisions of article 293 of the Civil Procedure Code of Ukraine and article 3 of the Law of Ukraine "On Citizenship of Ukraine," depending on the grounds for such establishment, the court may consider claims to establish such facts: permanent residence in Ukraine as of August 24, 1991; permanent residence in Ukraine as of November 13, 1991.

This fact is important for confirming the applicant's citizenship of Ukraine and subsequently obtaining a Ukrainian citizen passport.

The court also stressed that one of the necessary documents to confirm this circumstance may be a court decision confirming the fact of permanent residence of the person in Ukraine as of August 24, 1991.

The Supreme Court stated that citizenship of Ukraine is established based on article 3 of the Law of Ukraine "On Citizenship" and may be related to the fact of residence or permanent residence in Ukraine at a certain time, and such fact can be established by a court decision.

Evaluating the arguments of the cassation appeal, the Supreme Court noted that the circumstances established by the courts confirmed the applicant's birth in Ukraine, her documentation with a former USSR passport, marriage, and birth of a child on the territory of Ukraine. At the same time, the case materials do not contain information that the applicant left Ukraine or is a citizen of another state.

Separately, the Supreme Court noted that the arguments of the cassation appeal regarding inaccuracies in the dates of losing the Ukrainian citizen passport do not refute the fact of her residence in Ukraine as of August 24, 1991, and November 13, 1991.

In conclusion, the Supreme Court left unchanged the decisions of the lower courts, which established the fact of the applicant's permanent residence in Ukraine as of August 24 and November 13, 1991.

Thus, the Supreme Court confirmed that the court's establishment of the fact of permanent residence in Ukraine as of August 24 or November 13, 1991, may be grounds for confirming citizenship of Ukraine and subsequently obtaining a Ukrainian citizen passport.

Additionally, read the material from "Judicial-Legal Newspaper" about losing a passport in temporarily occupied territories and why document restoration may end up in court, as happened in this case.

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