The Migration Service states that renouncing Russian citizenship is not possible. The Supreme Court has provided a legal solution.
Is it impossible to renounce Russian citizenship? We know a legal way out.
The issue of renouncing Russian citizenship has become one of the most pressing migration problems for people applying for Ukrainian citizenship since the start of the full-scale war. Thousands of people have found themselves in a legal deadlock: Ukrainian law requires them to renounce their foreign citizenship, but in practice this is impossible to do through Russian consulates due to the severance of diplomatic relations and the closure of Russian institutions.
For a long time, the State Migration Service of Ukraine refused to accept declarations of renunciation of Russian citizenship, demanding official confirmation from Russia. This practice blocked the issuance of Ukrainian passports and created the risk of losing legal status. The legal position of the Supreme Court of Ukraine, set out in its ruling of 26 January 2026 in case No. 140/34075/23, is key to resolving this situation.
Legal support for renouncing Russian citizenship
Despite the established legal position of the Supreme Court, in practice, renouncing Russian citizenship without a consulate requires a competent legal strategy. Errors in the preparation of the declaration, an incomplete set of evidence, or a formal approach by the migration service often lead to repeated refusals and delays in obtaining a Ukrainian passport.
Professional support allows you to:
- correctly draw up a declaration of renunciation of Russian citizenship;
- record and prove active efforts to terminate Russian citizenship;
- prepare a legal position for the Ministry of Internal Affairs, taking into account current judicial practice;
- if necessary, defend the applicant’s rights in administrative court.
You can find detailed information about the procedure and conditions for assistance on the page Renunciation of Russian citizenship in Ukraine, which describes the procedure, the requirements of the migration service, and possible risks.
The problem of renouncing Russian citizenship in wartime
According to Law of Ukraine No. 2235-III ‘On Citizenship of Ukraine,’ a person who acquires Ukrainian citizenship by territorial origin is required to renounce their foreign citizenship. Until 2022, this procedure was carried out through the diplomatic missions of the foreign state.
After the start of full-scale aggression by the Russian Federation, the situation changed fundamentally. The Russian Embassy and consulates in Ukraine ceased operations, and applications to Russian consulates in third countries — Poland, Romania, Slovakia, Moldova — are either ignored or end in formal refusals. Despite this, the migration service continued to require documentary confirmation of the acceptance of applications by the Russian side, which in fact made it impossible to fulfil the obligation.
The circumstances of the case considered by the Supreme Court
The applicant acquired Ukrainian citizenship on the basis of a decision by the State Migration Service and received a temporary Ukrainian identity card. Furthermore, he was registered for military service as a conscript, which confirmed the state’s recognition of his legal status.
Before the war began, the applicant appealed to the Russian Embassy in Ukraine, and afterwards sent appeals to Russian consular offices abroad. All these attempts were unsuccessful. Nevertheless, the migration service refused to accept his declaration of renunciation of Russian citizenship, citing the lack of official responses from the Russian authorities.
Legal position of the Supreme Court
In considering the dispute, the Supreme Court formed legal conclusions that are of fundamental importance for migration practice.
The court pointed out that the state is obliged to ensure the stability and predictability of a person’s legal status. It is unacceptable for a person to be recognised as a citizen of Ukraine and registered for military service but denied the opportunity to obtain a passport due to formal requirements that are impossible to fulfil in wartime.
The severance of diplomatic relations with the Russian Federation and armed aggression are recognised as objective circumstances beyond the applicant’s control. In such circumstances, the inability to obtain documents terminating Russian citizenship is a reason beyond the person’s control.
Separately, the Supreme Court noted that electronic correspondence with Russian consulates in third countries confirms the person’s active efforts to renounce Russian citizenship. Even screenshots of emails without official replies can be considered admissible evidence.
The court also emphasised that the refusal of the migration authorities without assessing the real consequences for the person effectively creates a state of statelessness, which contradicts the principles of national and international law.
The importance of the decision to obtain a Ukrainian passport
The Supreme Court ruling has practical significance for all persons who are unable to terminate their Russian citizenship due to lack of access to consulates. The court has effectively confirmed that the termination of Russian diplomatic missions does not require additional evidence from the applicant.
To obtain a Ukrainian passport, it is sufficient to submit a declaration of renunciation of Russian citizenship to the State Migration Service and confirm active attempts to contact Russian consular offices, including electronic correspondence.
The legal position of the Supreme Court of Ukraine dated 26 January 2026 has become a key guideline for migration authorities and courts. The state has no right to shift the negative consequences of war and the absence of consulates of the aggressor country onto individuals.
Individuals who are objectively unable to renounce their Russian citizenship have been given a legal mechanism to protect their rights and a real opportunity to obtain a Ukrainian passport. This decision establishes stable judicial practice and is an important step towards restoring legal certainty in the field of migration.
In practice, the successful application of this legal position requires an individual analysis of the circumstances of each case and the correct presentation of evidence. That is why support in renouncing Russian citizenship, taking into account current judicial practice, significantly increases the chances of quickly obtaining a Ukrainian passport.