ACTIONS THAT MAY BE TAKEN IN ACCORDANCE WITH CIVIL STATUS ACTS

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Petryk Tetiana

Head of migration law practice

Lawyer, master of law, expert in the field of migration law.

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ACTIONS THAT MAY BE TAKEN IN ACCORDANCE WITH CIVIL STATUS ACTS

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 If an error is found in documents that confirm or contain information about the state of affairs, such as a document of birth, marriage, divorce, death, there are several options for their correction.

 Also, in accordance with the law, changes in the act are made in the presence of other grounds, for example:

  • adoption;
  • cancellation of adoption;
  • paternity or maternity.

 There are also grounds such as supplementing information, canceling or canceling it. For example, due to a change of surname, changes are made to all documents of the act.

 In accordance with the Order of the Ministry of Justice of Ukraine, the rules of the procedure for making changes to the CSA were approved, which interprets and defines a clear procedure for actions aimed at solving the problem. Amendments to such records made by the relevant bodies of state registration of civil status acts of Ukraine are made by the relevant departments of state registration of civil status acts at the Ministry of Justice of Ukraine, ie departments of state registration of civil status acts.

 If the competent authorities refuse in their opinion, they are obliged to provide reasoned arguments regarding the impossibility of such a procedure. This decision entitles the applicant or the person concerned to appeal against such a decision in court.

 In the legal space, there are such concepts as the introduction of ZTSS, cancellation of the act record, renewal of the act record.

Renewal of the filling station

 The procedure of "regeneration" of AZTSS is carried out by the authorized state structures - departments of registration of such acts - in case of their loss. An application for such actions may be submitted by both a citizen of Ukraine and a foreigner legally residing in the territory of Ukraine. When the record is simply not found, ie it is missing, or it has been lost, this fact must be documented.

Cancellation of AZCS

 Cancellation of the filling station is possible only at the place of its creation on the basis of a court decision or decision. a certain state body for registration of acts of the CA or the decision of the diplomatic mission in Ukraine. In addition, there are exceptional cases for such actions: pursuant to Article 119 or Article 39 of the Family Code of Ukraine. Such situations may also arise with the participation of foreigners. For example, in the case of a marriage on the territory of Ukraine between a foreigner and a Ukrainian, it is impossible to check whether such a foreigner is in another marriage in another country of the world. The problem is that there is no single world register with information on acts of civil status of persons, including - marriage.

 Based on statistical data in the work of specialists of the DRACS, there are many cases when foreigners are married to several women at the same time. All this is due to the fact that there is no control. When a request is made to the state of the foreigner's nationality for information on whether or not to be in another marriage, such requests are often simply ignored or made after months or even years.

Making changes to the filling station

 The application for recording changes in the AZTSS is accepted by the departments of the DRACS by entering them in the State Register of such acts. When checking the completed information, in the absence of errors and comments, the applicant or applicants put their own signatures.

 In the case of a foreigner, the documents for making changes are submitted at the place of permanent residence of the foreigner on the territory of Ukraine. And here a problem often arises, because each state body for registration of civil status acts interprets the concept of "permanent residence in Ukraine" differently. Some understand this as a mandatory presence of a permanent residence permit in Ukraine. And if there is no such, the authorized persons refuse to carry out the procedure of making changes. The second is sent immediately for such a procedure to the state body at the place of registration of the wife's place of residence, based on the fact that in the territory of Ukraine the "most important" is considered to be a citizen of Ukraine. However, all this does not take into account the fact that only such a person has the right to make any changes in relation to a person. And even if the applicant is the wife - personal data are changed only with the consent of the person concerned. However, when we turn to the legislation governing certain actions in the field of migration processes and transformations, we can see that the definition of "permanent residence in Ukraine" is interpreted as such a place of residence in Ukraine (on its territory) not less one year and who does NOT have permanent residence in any other country in the world.

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Head of migration law practice

Lawyer, master of law, expert in the field of migration law.

Contact now
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