A statement of claim for the issuance of a passport in the form of a booklet

The right to issue a passport-booklet is one of the current rights of an individual to receive exactly the format of the document that he considers appropriate for himself. Some make this choice out of religious convictions, others – in order to prevent government authorities from interfering in their private lives, because they do not want to consent to the processing of their own personal data. Whatever the reason and motivation for such a decision, the key is that the state creates opportunities for its implementation. True, the procedure is not easy and for this you need to go through a trial of the case. We will tell you about this in more detail, and also give you an idea of how the services of the law firm Prikhodko & Partners will be relevant in this area.

The Supreme Court is on the side of the citizen

When passports in ID card format were first introduced at the mandatory level, they were perceived as something without alternative. There were even 2 exemplary cases with different results of consideration in the Supreme Court of Ukraine. So let’s take a closer look at each of them.

On November 30, 2017, the Cassation Administrative Court of the Supreme Court considered a case where a resident of the city of Korosten was suing the State Migration Service when she was refused to issue a passport in the form of a booklet. The plaintiff justified her position by the fact that, in accordance with her own religious beliefs, she does not want to issue a passport in the form of an ID card with an electronic medium, since her personal data will be stored on this medium.

So, the Cassation Administrative Court of the Armed Forces of Ukraine decided that refusing an ID card for religious reasons is illegal. This decision should be exemplary (i.e., be binding) for further similar cases. However, the consideration of the case did not end there, and its further course can be read in the decision of the Grand Chamber of the Supreme Court dated September 19, 2018 № 806/3265/17. The plaintiff and others who joined the lawsuit argued that forcing consent to the processing of personal data when issuing a passport in the form of a card is illegal.

This decision of the Supreme Court of Ukraine was already in favor of the citizen. It states that the implementation of government functions should be carried out without forcing a person to give consent to the processing of personal data. It is noted that their processing should continue to occur solely on the basis of the laws governing legal relations between the state and citizens.

Justification for the decision

Also, representatives of the Grand Chamber of the Armed Forces of Ukraine noted the following – confidential information about an individual can only be collected if its activities threaten national security, human rights or the economic well-being of the state. None of these reasons are relevant in the case when a citizen wants to refuse an ID card. Therefore, forcing a person to consent to the collection, use, storage and distribution of his confidential information is state interference in personal and family life.

To explain this in simpler terms, not a single implementation of the latest technologies can be forced and without alternative. Those citizens who refuse to accept such technologies must have an alternative through traditional methods aimed at identifying individuals. Thus, the Supreme Court protected the human rights enshrined in Art. 32 of the Constitution of Ukraine. There is a ban on the collection, storage, use and distribution of confidential information about him without a person’s consent. A limited list of exception situations is established by current legislation, but the situation of refusing an ID card is not included here.

How can we help?

If you intend to obtain a passport in the form of a booklet, the lawyers of the Prikhodko & Partners law office can help with this. We provide 2 types of services in such cases:

• Consultation and preparation of a statement of claim for the issuance of a passport booklet.
• Full legal support of the case and representation of the client’s interests in court.

This way you can choose a comfortable interaction format for yourself. And we, in turn, will make every effort necessary to ensure that your rights and legitimate interests are protected. Moreover, on your side there is an exemplary decision of the Supreme Court, which can be referred to in such a case.

Fill out the form on our website and our migration law lawyer will contact you as soon as possible and advise you on the possibility of obtaining a passport booklet through the courts.