Jurisdiction

People of Ukrainian nationality

Judgments of courts:

• Judgment of the Supreme Administrative Court of 19 December 2017, II OSK 586/16

  The concept of nationality is not the same as the concept of citizenship. Citizenship is understood as a legal relationship that assumes the existence of two interacting subjects of the relationship - the individual and the state. It should be emphasized that the concept of citizenship differs from the concept of nationality, it is related to the internal conviction of belonging to a specific national group. The very definition of citizenship contains an aspect that makes it impossible to identify it with the concept of nationality, i.e. it does not indicate the ethnic origin of this person and is independent of his nationality. Therefore, it cannot be assumed that a child of both parents declaring nationality in an indisputable way (...) will have Polish nationality.

• Judgment of the Provincial Administrative Court in Warsaw of 13 January 2015, IV SA/Wa 1770/14

  Pursuant to Article 4(2) of the Act, Polish citizenship was lost by persons living abroad (including in the former territory of the Second Republic of Poland, and now the former USSR) if they were nationals (...). On 8 May 1958, the Convention between the Government of the People's Republic of Poland and the Government of the USSR on the Regulation of Citizenship of Persons with Dual Citizenship, signed in Warsaw on 21 January 1958, came into force. This convention finally regulated the issue of Polish citizenship by persons residing in the territory of the USSR who had Polish citizenship on 31 August 1939.

• II OSK 738/13 - Judgment of the Supreme Administrative Court in Warsaw

  The mere fact of baptism in a Greek-Catholic parish located in Polish does not indicate either the Polish nationality or the Polish origin of the baptized person.

• Decision of the Supreme Court of 4 November 2011 III SW 155/11

  Polish citizenship was lost by all persons, regardless of their nationality, who on 31 August 1939 had Polish citizenship, and on the date of entry into force of the Act of 8 January 1951 on Polish citizenship, i.e. on 19 January 1951, they lived permanently abroad, if, in connection with the change of the borders of the Polish State, they acquired citizenship of another country in accordance with an international agreement. This provision applies to the loss of Polish citizenship by residents of the territory of the Polish State subject to the change of state sovereignty on the basis of international agreements concluded by Poland before the date of entry into force of the Act of 8 January 1951 on Polish citizenship. Although the legislator did not explicitly define these agreements, it undoubtedly refers to the eastern territories of Poland, where the change of state sovereignty was legally made in the agreement of 16 August 1945 on the Polish-Soviet state border (Journal of Laws of 1946 No. 2, item 5).

• Judgment of the Supreme Administrative Court of 9 September 2011 II OSK 1965/10

  A person who had Polish citizenship on 31 August 1939, but who permanently lived abroad and is of Russian, Belarusian, Ukrainian, Lithuanian, Latvian or Estonian nationality, is not a Polish citizen. The applicant did not submit or indicate any specific evidence to rebut the presumption of Ukrainian nationality of his mother resulting from her statements contained in the above-mentioned civil status records. The mere explanation by the applicant in the course of the court proceedings that his mother's declaration of having Ukrainian nationality was made under the influence of fear for his life and that of his family, without indicating evidence to that effect, cannot effectively undermine the authorities' findings regarding this fact.

• Judgment of the Supreme Administrative Court of 9 September 2011 II OSK 1965/10

  A person who had Polish citizenship on 31 August 1939, but who permanently lived abroad and is of Russian, Belarusian, Ukrainian, Lithuanian, Latvian or Estonian nationality, is not a Polish citizen.

• Judgement of the Supreme Administrative Court (until 2003.12.31) in Katowice of 27 April 2000 II SA/Ka 1700/98

  The loss of Polish citizenship was determined not by the imposed nationality, but by the actual nationality