ESTABLISHMENT OF RESIDENCE IN UKRAINE IN 1991

As you know, legal facts are facts on which certain legal relationships depend. Whether such a person is a citizen of Ukraine depends on establishing the fact of residence in Ukraine in 1991.

The reason for establishing the fact

The main reason for establishing the fact of residence before 1991 is the establishment of citizenship of Ukraine and obtaining a passport of a citizen of Ukraine.

Usually, such a procedure for establishing this legal fact is necessary for citizens of Ukraine who, for certain reasons, did not receive a passport of a citizen of Ukraine. Without a court decision establishing the fact of residence on the territory of Ukraine before 1991, the territorial bodies of the State Customs Service may refuse a person to receive a passport of a citizen of Ukraine.

Who can establish the fact of residence?

Persons born before 1973 have or had a passport of the former USSR, in which the citizenship of Ukraine is indicated.

How to establish the fact of residence

In accordance with the Civil Procedure Code of Ukraine, legal facts are established in court in simplified proceedings. That is, a person must apply to the court with an application and documents confirming the fact of residence in the territory of Ukraine. It is at this stage that many problems arise. Namely, this concerns the fact that without a passport, a person cannot independently collect the necessary documents that will serve as evidence for submitting an application. For example, if a person does not have a USSR passport and a birth certificate, it is first necessary to apply to the DRATS authorities to obtain a second birth certificate. But a person without a passport of a citizen of Ukraine will not be presented with a second certificate. There is a way out of this situation, because a re-certificate can be provided to the parents of such a person or at the request of a lawyer.

Which court is addressed?

The Civil Procedure of Ukraine indicates that fact-finding applications are submitted at the applicant's registered place of residence.

The cost

For submitting an application for establishing the fact of residence, a court fee is charged in the amount determined by the Law of Ukraine "On Court Fees". As of 2022, this is UAH 496.2.

Evidence

Any application to the court must be based on evidence, and the application for establishing the fact of residence on the territory of Ukraine is no exception. Extracts from the demographic register, certificates of local self-government bodies, witness statements, etc. can serve as evidence in this category of cases. But as noted above, it will not be easy to collect such documents without the help of a specialist. It should be remembered that almost all evidence can be collected by a lawyer, because authorities and institutions are obliged to provide answers to lawyers' requests.

Therefore, if necessary, to establish the fact of residence on the territory of Ukraine, you must first find a qualified lawyer. After all, the result of establishing the fact of residence on the territory of Ukraine in 1991 depends on the skills and abilities of the specialist.