Nelly Sopoliska is a National from Ukraine, originally from Chernivtsi oblast, currently a subject of Moldova’s citizenship law. She was legally wed in Australia in the year 2021. However, when she applied for citizenship of Ukraine, the Moldovan authorities denied her application on the grounds that she is not a national of Ukraine. This article attempts to describe the circumstances which led to this, and provides some suggestions for future reference.
The first problem with understanding the background of Nelly Sopoliska is her lack of awareness that she might be violating both the terms of her marriage and her status as a national of Ukraine. It has been claimed that the failure to acknowledge the union as a married one, although not illegal, could result in the recognition being revoked. This, however, is the likely consequence of applying for Moldovan citizenship in spite of the lack of marriage documentation. In addition, according to the provisions of the Federal Law of Ukraine, which explicitly states that the obligations of citizens of a foreign country do not extend to their status as citizens of another country, it is important to acknowledge marriages when obtaining a certificate of naturalization. The lack of documentation, therefore, is not an excuse.
Despite being a national of Ukraine, Nelly Sopoliska has chosen to use a common profession as a nurse in Moldova, rather than taking up a position in Moldova as a translator or teacher. This choice was, to our knowledge, not addressed by the legal provisions on nationality issues as it would seem that such action would have been fully authorized under the relevant provisions of Moldovan law. Her choice of profession may have been appropriate given her status as a nurse, but may not have been in conformity with the principles of good international practice. As regards translation and teaching, there are very good arguments both for and against using the same profession in both countries.