| Abstract [eng] |
There are a few issues under the discussion in this master paper. Firstly, the concept of nationality in international law and national law, emphasizing the elements which are stressed on international and national plane. Secondly, the definition of the body of the citizens of the Republic of Lithuania on the basis of the principle of continuity of nationality in oder to assess whether the body of nationals concerned was restored. Thirdly, the general principles relating to nationality and the implementation of the principles in question in municipal law in oder to decide whether the regulation of the Lithuanian citizenship complies with the general principles relating to nationality. Finally, the regulation of dual and multiple nationality in international and national law in oder to find the attitude towards the question concerned as well as to assess the compliance of the requirements for granting the citizenship by way of exception with the requirements provided in international law. The first conclusion is to have been done in the master paper after the analysis of the concepts of nationality is that nationality in international law means the attribute to the particular state and in national law - legal mutual bond between the state and the individual, stressing the effective link between the individual and the state in the legal regulation of the Republic of Lithuania, though this criterion is not required at least on diplomatic protection in international law. The second conclusion is to be that the body of the citizens of the Republic of Lithuania was most fully restored in the Law on Citizenship in 1997, when the legal status of the nationals de jure was equated with the one of the nationals de facto and there was left only the condition of non repatriation to be the citizen of the Republic of Lithuania. The third conclusion is to be that the principles of everyone’s right to a nationality, provided in the Universal Declaration, in the 1989 Convention as well as in the 1997 Convention, and to avoid statelessness, provided in the 1930 Hague Convention, 1961 Convention and in the 1997 Convention, are not fully implemented. The next conclusion is to be that, according to the conventions relating to dual or multiple nationality, there cannot be said dual or multiple nationality to be rejected, moreover, the practice of the states indicates the tendency to admit the possibility to an individual to acquire two nationalities. The last conclusion is to be that the requirements in oder to acquire the citizenship of the Republic of Lithuania by way of exception are inconsistent with international law because there is no requirement of the effective link between the state and individual in international law, but which is provided in the legal regulation of the Republic of Lithuania. Besides, these criteria are incompatible with the essence of the institution of granting of citizenship by way of exception. |
