ორმაგი მოქალაქეობა თანამედროვე ქართულ სამართლებრივ სინამდვილეში

The aim of the foregoing work is to reveal the role and importance of the institute of citizenship and actual aspects referred with it, which emphasizes the reality in our country under the mentioned trend. Besides, to reveal, if how necessary is for our country to implement a flexible system, as the right of citizenship is one of the main ones in the state development issues.
In the work there are studied a different types of problems related to and coming out of the institute of citizenship. In particular, the citizenship as the right, without which none of the human should exist. Without this right, the person in no way will be able to realize himself / herself.
The work is submitted in 160 pages taped on PC. It consists of introduction, the results gained as a result of scientific research held by the author and their discussions, conclusion. The work is attached with an information data regarding the citizenship topic submitted by Public Service Development Agency. In particular, the data (for recent 5 years) about the citizenship`s acquisition under the exceptional rule, voluntary refusals of citizenship and facts of termination of Georgian citizenship.
The results and their discussion covers the opinions risen by the author around the subject of scientific research. In particular, there is meant a changes to be made in the organic law of Georgia “about the citizenship”, the issues existed in it and about their possible changes. There are set forth if what kind of assessment method and system can be applicable in Georgia coming out of the existing reality.
The work covers the national and international law regulations related to the institute of citizenship. The methods of battle against some of the problems are defined, that according to our opinion, today is considered as quite urgent issue.
In the second chapter of the work there are discussed the cases of absence of citizenship (apatrism), the statuses of persons not holding the citizenship and accordingly the mechanisms to avoid this event, Georgia`s active role and attitude to avoid such anomaly.
In the third chapter of work, there are covered the pros and cons regarding the topic`s main trend – the institute of dual citizenship, Coming out of the current reality in Georgia, more negative sides of the said institute are revealed. Also that threats, which might arise against our country in the nearest future on the basis if this institute will be implemented without legal improvement (perfection) and without foreseeing the leading countries` experience. Coming out of the fact, that dual citizenship are less liked by most of the countries, yet they try to solve this event in a civil way by seeking such regulations, which deal lesser harm as the country itself and to the persons seeking a dual citizenship and to maximally protect the internationally recognized principles of person`s rights and freedom, also his / her political and social rights.
The work also discusses dual citizenship on some of the country`s example and their attitude towards the mentioned institute. The prerequisites for dual citizenship`s acquisition, which is related to “active” and “efficient” principles. Besides these principles, in the work we have covered also the principle of “loyalty”, which are being paid a huge attention by the countries, which citizenship should be acquired by the person holding a foreign country`s citizenship. The above mentioned principles are greatly paid attention by the states, as no one is interested to grant its citizenship to the person, which is not ready to live in the country with active civil position and won`t respect the historically formed traditions, habits, legislation and main principles of the country.
The fourth chapter of the work is about the judiciary practice in Georgia related to dual citizenship institute, where is discussed different types of appeals regarding the mentioned issues and we have stated our own opinion about the court resolutions.
An opinion declared in the work about the necessity to implement more flexible system to grant the citizenship of Georgia under an exceptional rule. There is also suggested the statement of the following type: more perfectly form the regulation into the organic law “about the citizenship”, which will significantly hinder the decrease of amount of the citizenships of Georgia. In particular, that fact, that during the acquisition of another country`s citizenship, the citizens of Georgia lose their citizenship. The said regulation requires more careful approach and perfection (improvement).
There should be also foreseen those flexible mechanisms suggested by an international conventions, which significantly promotes the decrease of apatrism and bipatrism.
Notwithstanding the fact, that dual citizenship is oriented on number of negative results and Georgia is not ready to establish the dual citizenship, I tried to bring argument, that forming the dual citizenship institution is objective process, as the people always had and always will have the wish to move from one country to another for the residential purposes, which is caused by desire to establish a close relations between the states and further deepen these relations, also caused by political, economic or social interests of the states.
We suppose, that the country should take into account the issues risen in the field of citizenship and their settlement will cause the national legislation`s further perfection and reinforcement of human rights and interest.