VRU AUTHORIZED THE UKRAINIANS TO CHANGE THE PATRIOTIC ONE WITH THE FIRST NAME AND SURNAME

 From January 1, 2020, Ukrainians will be able to change their patronymic. On November 3, the parliament adopted the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Right of an Individual to Change the Patronymic". What led to the adoption of new legislation in this direction?

 Ukrainian Natalya Garnaga filed a lawsuit with the European Court of Human Rights that the registry office refused to change her patronymic. Natalia lived a significant part of her life with her stepfather and tried to change her surname and patronymic to the same as his, but only the surname was changed. Previously, she passed all three judicial instances in Ukraine. The ECHR recognized the deprivation of the right to change the patronymic of a person as a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and ordered Ukraine to pay 222 euros in compensation. Article 8 enshrines the right of everyone to respect for his private and family life, his home and correspondence, and also prohibits public authorities from violating this right, which, in the Court's opinion, occurred at the time the registry office refused to change his patronymic. The convention was ratified by Ukraine in 1997 and has been effective on the territory of our state ever since.

 Since Ukraine has a law "On the implementation of decisions and the application of the practice of the European Court of Human Rights", the implementation of the decision of the ECHR is mandatory. In addition, in the case "Garnaga v. Ukraine" the court recommended eliminating inconsistencies in domestic legislation by securing the right to change the patronymic.

What does the new law provide?

 The law, which will enter into force on January 1, supplements Article 295 of the Civil Code of Ukraine. Now this article enshrines the right of a person to change the name and surname, and from January 1, 2020, it also secures the right to change the middle name. Also, the law supplements Article 149 of the Family Code of Ukraine, which enshrines the same rights as Article 295 of the Civil Code, but in relation to a child.

Who can change the middle name?

 According to the new Law, individuals who have reached the age of 16 will be able to change their patronymic on their own, and those who have reached the age of 14 - with the consent of their parents or guardians.

 In the case of minors, consent is required from two parents. Mutual consent is not needed only in the following cases: the second parent died or he was declared missing, declared dead, declared incapacitated or partially incapacitated. Also, no consent is needed from someone who has been deprived of parental rights in relation to this child. If the father or mother does not give their consent to change the patronymic, then such an issue will be decided by the guardianship and guardianship authority or through the judicial authorities. Attention should be paid to the facts whether the change in patronymic is in the interests of the child, as well as or properly fulfilled his parental responsibilities by the one who is against the change.

 It can be concluded that the constitutional rights of Ukrainians are now at a new level, corresponding to the standards of many European countries.

 If you need to change your first name, last name or patronymic, or get other legal services, please contact Prikhodko & Partners Law Firm- we will be happy to help you!