IDENTIFICATION OF A CITIZEN BORN IN ARC OR TOT

Since the occupation of ARC and other regions of Ukraine, citizens who remained in uncontrolled territories have faced a number of problems. Among these is the non-recognition by Ukraine of any documents issued by the occupation authorities. If a child was born in the temporarily occupied territories, a birth certificate is issued to him, which is invalid on the territory of Ukraine. Then parents have a question about how to establish citizenship for a person born in ARC or TOT.

There are two ways to solve this problem

• First. A woman who gave birth to a child on the territory of the ARC or TOT can apply on the territory of Ukraine to the Commission for confirmation of the fact of the birth of a child in an uncontrolled territory. The powers of this commission are designed to establish the fact of the birth of a child in ARC or TOT. The commission must examine the child and the mother and issue a report and a medical certificate on the child's birth. These documents are the basis for issuing a Ukrainian-style birth certificate for a child, indicating that the child has Ukrainian citizenship.

Of course, there are cases when such a Commission issues a refusal to issue a conclusion and a medical certificate, then the second option remains, which is not difficult and in some cases more effective.

• Second. Judicial procedure.

It is worth noting that a mandatory document for state birth registration is a medical certificate. The certificate issued by the occupation authorities does not provide grounds for obtaining a Ukrainian-style birth certificate. In its absence, the DRATSS body issues a refusal to issue it. Parents or other interested persons can submit an application to the court to establish the fact of birth in ARC or TOT.

But it is worth noting that such a statement must be accompanied by evidence that can confirm this fact. Such evidence can be medical documents confirming a woman's pregnancy, research results, etc., as well as a birth certificate issued by the occupying power. Testimony of witnesses can also be used as evidence.

What is important is that such an application is submitted at the actual location of the interested persons to any local court, the application is processed immediately and the court fee for submitting such an application is not charged.

The court's decision to establish the fact of birth on the TOT or ARC will be the basis for obtaining a Ukrainian birth certificate of the child indicating the citizenship of Ukraine.

So, as can be seen from the above, it is possible to establish the citizenship of a person born in ARC and TOT. It is important for this parent or other interested persons to contact the state authorities in Ukraine. It will not be superfluous to use the legal assistance of a specialist to understand all the nuances of the case and help in drawing up the necessary documents before applying to the DRATS authorities or the court. And it is worth remembering that obtaining Ukrainian citizenship is an opportunity to use all the rights and opportunities granted to citizens of Ukraine.