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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 3, 2022 No. 3734/5

About streamlining of the relations on state registration of the birth and receipt of documents on the birth in the conditions of warlike situation

According to Items 3, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 02, 2014 No. 228, for the purpose of ensuring carrying out state registration of the birth by bodies of state registration of acts of civil status in the conditions of warlike situation

I ORDER:

1. Determine that in the conditions of warlike situation and within one year from the date of its termination or cancellation state registration of the birth of physical person and its origin is carried out taking into account the following features:

1) state registration of the birth of physical person and its origin which birth occurred during action of warlike situation in limits of the administrative and territorial unit included in the list of administrative and territorial units approved by the Ministry of Justice of Ukraine within which access for users to unified and state registers which holder is the Ministry of Justice of Ukraine, in the conditions of warlike situation stops and within which department of state registration of acts of civil status in connection with temporary occupation of the territory of Ukraine by the Russian Federation, state registration of the birth of physical person and its origin is not carried out can be made according to the statement for state registration of the birth constituted in any form, the electronic copy (the scanned copy, photocopy) of which together with the electronic copies (scanned by copies photocopies) the medical document which according to the legislation is the basis for carrying out state registration of the birth (further - the medical document on the birth) and other documents necessary for such registration, goes to the e-mail address of department of state registration of acts of civil status in the Chernivtsi region of Management of state registration of Southwest interregional management of the Ministry of Justice of Ukraine (Ivano-Frankivsk).

The statement for state registration of the birth shall contain data relatively:

child (surname, own name and (in the presence) middle name, floor, birth date, birthplace);

mother and the father (surname, own name and (in the presence) middle name, birth date, nationality, the registered residence (in the presence), details of the passport or passport identity document). In case of the child's birth at mother who is not married in cases, when there is no the joint statement of parents, statements of the father or the judgment, concerning the father are specified in the statement for state registration of the birth only his name and middle name.

In case parents of the child are not married among themselves, the application for state registration of the birth signed by them is considered their joint statement on recognition of paternity.

If the application for state registration of the birth is submitted not by parents of the child or one of them, the information about the applicant (surname, own name and (in the presence) middle name, details of the passport or passport identity document) is in addition specified.

The received documents go to the department of state registration of acts of civil status determined by the order of Southwest interregional management of the Ministry of Justice of Ukraine (Ivano-Frankivsk) for creation of the birth record in electronic form and on papers without introduction of data concerning it assembly record of the State register of acts of civil status of citizens (further - the Register).

The certificate of birth is drawn up in day of creation of the birth record and remains in department of state registration of acts of civil status, its scanned copy is sent to the applicant on the e-mail address and the procedure for further receipt of the original certificate about the birth and in cases, stipulated by the legislation, statements from the Register is explained.

Receive the certificate of birth and in cases, stipulated by the legislation, statements from the Register about state registration of the birth the applicant, the child's parents (one of them), the grandmother, the grandfather, the full age brother and the sister, the aunt, the uncle, the stepmother, the stepfather of the child or their representative who is acting on the basis of the notarized power of attorney or one of the documents certifying powers according to the Law of Ukraine "About legal profession and lawyer activities" and also the Representative of the Verkhovna Rada of Ukraine for human rights personally or through the representative have the right.

If parents of the child are not married among themselves and state registration of the birth is carried out based on the application for state registration of the birth signed by them which is their joint statement on recognition of paternity, such persons shall address personally to department of state registration of acts of civil status for receipt of the certificate of birth.

Issue of the certificate of birth and in cases, stipulated by the legislation, statements from the Register is performed by any department of state registration of acts of civil status within administrative and territorial unit which is not included in the list of administrative and territorial units approved by the Ministry of Justice of Ukraine within which access for users to unified and state registers which holder is the Ministry of Justice of Ukraine, in the conditions of warlike situation, according to the statement for issue of the certificate constituted in any form on condition of provision of the original of the medical document on the birth based on which state registration of the birth, after entering of data of assembly record into the Register according to the procedure, stipulated in Item 4.5 Sections IV of the Instruction for maintaining the State register of acts of civil status of citizens is carried out stops Ukraine approved by the order of the Ministry of Justice of July 24, 2008 No. 1269/5, registered in the Ministry of Justice of Ukraine on July 25, 2008 for No. 691/15382 (except entering into the Register of the mark "Archive").

The department of state registration of acts of civil status of the place of the address of person instantly with use of functionality of the Register sends inquiry to department of state registration of acts of civil status which constitutes the corresponding birth record, with request to send the certificate of birth and to enter data of assembly record in the Register to which electronic copies (the scanned copies, photocopies) statements for issue of the certificate and the submitted medical document on the birth are attached.

In the absence of disagreements between the medical document on the birth submitted by person and the electronic copy (scanned by the copy, photocopy) of the medical document on the birth based on which the birth record is constituted the department of state registration of acts of civil status which constitutes the birth record, no later than the next working day from the date of receipt of such request enters its data in the Register and sends the certificate of birth and in cases, stipulated by the legislation, the statement from the Register to department of state registration of acts of civil status of the place of the address of person which the medical document on the birth for its familiarizing with case goes to the same time in department of state registration of acts of civil status of the place of creation of the corresponding assembly record.

In case of detection of discrepancy between the original of the medical document on the birth and its electronic copy (scanned by the copy, photocopy) or if persons determined by this order during action of warlike situation or within one year from the date of its termination or cancellation did not address for receipt of the original certificate about the birth and in cases, stipulated by the legislation, statements from the Register, the corresponding birth record is cancelled on representation of department of state registration of acts of civil status which constitutes the corresponding birth record, based on the conclusion of department of state registration of acts of civil status in the Chernivtsi region of Management of state registration of Southwest interregional management of the Ministry of Justice of Ukraine (Ivano-Frankivsk) according to the procedure, determined by Rules of modification of assembly records of civil status, their recovery and cancellation, approved by the order of the Ministry of Justice of Ukraine of January 12, 2011 No. 96/5, registered in the Ministry of Justice of Ukraine on January 14, 2011 for No. 55/18793;

2) state registration of the birth of physical person and its origin based on the medical certificate about the birth created in the Register of medical certificates of electronic health care system according to the Procedure for forming and issue of medical certificates about the birth in the Register of medical certificates of electronic health care system approved by the order of the Ministry of Health of Ukraine of September 18, 2020 No. 2136, registered in the Ministry of Justice of Ukraine on September 30, 2020 for No. 953/35236, concerning citizens of Ukraine who temporarily are located abroad, by diplomatic representations and consular organizations of Ukraine it is made after check on their requests electronically by the Central department of state registration of acts of civil status of Management of state registration of the Central interregional management of the Ministry of Justice of Ukraine (Kiev) of the fact of lack of state registration of the birth of physical person and its origin in the department of state registration of acts of civil status determined by the relevant order of Southwest interregional management of the Ministry of Justice of Ukraine (Ivano-Frankivsk) according to the paragraph the seventh the subitem of 1 this Item and according to the Register that is confirmed by the notification electronically;

3) transfer of state registration of acts of civil status of Management of state registration of the Central interregional management of the Ministry of Justice of Ukraine to the Central department (Kiev) to the birth record constituted by diplomatic representations and consular establishments of Ukraine is performed in paper form according to the legislation and electronically. The scanned copy of the birth record is made in the PDF format with the resolution not lower than 600 dpi with imposing of the qualified digital signature of the corresponding official of diplomatic representation or consular establishment of Ukraine.

Entering into the Register of the data containing in the birth records constituted by diplomatic representations and consular establishments of Ukraine is performed by the Central department of state registration of acts of civil status of Management of state registration of the Central interregional management of the Ministry of Justice of Ukraine (Kiev) according to the legislation based on the scanned copies of the corresponding assembly records received according to paragraph one of this subitem;

4) sending documents/messages electronically in the cases provided by subitems 2 and 3 of this Item is performed with use of system of electronic interaction of executive bodies, and in case of lack of the corresponding technical capabilities - by means of office e-mail;

5) consideration of requests, in the case provided by the subitem 2 presents of Item, sending the scanned copy of the birth record and entering into the Register of the data containing in the birth records constituted by diplomatic representations and consular establishments of Ukraine according to the subitem 3 presents of Item is performed no later than seven working days.

2. Determine that in the conditions of warlike situation and within one year from the date of its termination or cancellation issue of documents on state registration of the birth of physical person and its origin is performed taking into account the following features:

1) in case of state registration of the birth of physical person and its origin based on the judgment about factual determination of the birth sent by court to body of state registration of acts of civil status to receive the certificate of birth and in cases, stipulated by the legislation, statements from the Register about state registration of the birth have the right person who was applicant in court, the child's parents (one of them), the grandmother, the grandfather, the full age brother and the sister, the aunt, the uncle, the stepmother, the stepfather of the child or their representative who is acting on the basis of the notarized power of attorney or one of documents, power according to the Law of Ukraine "About legal profession and lawyer activities" and also the Representative of the Verkhovna Rada of Ukraine for human rights personally or through the representative;

2) the child's parents (one of them), the grandmother, the grandfather, full age brothers and the sister, the aunt, the uncle, the stepmother, the stepfather of the child or their representative who is acting on the basis of the notarized power of attorney or one of the documents certifying powers according to the Law of Ukraine "About legal profession and lawyer activities" and also the Representative of the Verkhovna Rada of Ukraine for human rights personally or through the representative have the right to receive the certificate of birth repeatedly and/or the statement from the Register about state registration of the birth irrespective of date of state registration of the birth of physical person and its origin.

3. Bring in the Rules of state registration of acts of civil status in Ukraine approved by the order of the Ministry of Justice of Ukraine of October 18, 2000 No. 52/5, registered in the Ministry of Justice of Ukraine on October 18, 2000 for No. 719/4940 (in edition of the order of the Ministry of Justice of Ukraine of December 24, 2010 No. 3307/5), the following changes:

1) in the text of Rules of state registration of the acts of civil status in Ukraine approved by the order of the Ministry of Justice of Ukraine of October 18, 2000 No. 52/5, registered in the Ministry of Justice of Ukraine on October 18, 2000 for No. 719/4940 (in edition of the order of the Ministry of Justice of Ukraine of December 24, 2010 No. 3307/5), words of "electronic means of telecommunication" and the word of "means of telecommunication communication" shall be replaced with words "technical means of electronic communications";

The second item 4 of Chapter 1 of the Section II the word of "department" to replace 2) in the paragraph with the word of "body";

The paragraph the tenth Item 2 of Chapter 1 of the Section III to state 3) in the following edition:

"In case of giving in body of state registration of acts of civil status of the document specified in the subitem "an" of this Item created before introduction of warlike situation in Ukraine or the duplicate of the document determined in subitems "b" - "" of this Item, state registration of the birth is performed after check of the fact of carrying out state registration of the birth according to the State register of acts of civil status of citizens. In case of submission of the document determined by the order of the Ministry of Health of Ukraine of March 04, 2022 No. 407 "About ensuring registration of the newborn child in the conditions of warlike situation" registered in the Ministry of Justice of Ukraine on March 07, 2022 for No. 293/37629, which is issued within the administrative and territorial units entering the list of administrative and territorial units approved by the Ministry of Justice of Ukraine within which access for users to unified and state registers which holder is the Ministry of Justice of Ukraine, in the conditions of warlike situation and within which state registration of the birth of physical person and its origin in connection with temporary occupation of the territory of Ukraine by the Russian Federation is not made by departments of state registration of acts of civil status stops also it is performed in the department of state registration of acts of civil status determined by the relevant order of Southwest interregional management of the Ministry of Justice of Ukraine (Ivano-Frankivsk). Lack of the birth record is confirmed by complete extraction from the State register of acts of civil status of citizens about lack of assembly record of civil status in the form given in appendix 22 to the Instruction for maintaining the State register of acts of civil status of citizens approved by the order of the Ministry of Justice of Ukraine of July 24, 2008 No. 1269/5, No. 691/15382 registered in the Ministry of Justice of Ukraine on July 25, 2008 (with changes). If as a result of check the birth record which is stored in temporarily occupied territory of Ukraine, department of state registration of acts of civil status is found recovers it in the procedure established by the legislation.".

4. (Hardikov V.) to provide to department of state registration organizational and information support of this order, including:

1) placement on the official website of the Ministry of Justice of Ukraine and official websites of interregional managements of the Ministry of Justice of Ukraine e-mail addresses for the direction of the statement for state registration of the birth, reference information about submission of such statement and documents and receipts of results of their consideration in the cases provided by the subitem 1 of Item 1 of this order;

2) informing interregional managements of the Ministry of Justice of Ukraine on the department of state registration of acts of civil status determined by Southwest interregional management of the Ministry of Justice of Ukraine (Ivano-Frankivsk) for creation of the birth record according to the subitem 1 of Item 1 of this order;

3) provision of information on the requests of diplomatic representations and consular establishments of Ukraine provided by the subitem 2 of Item 1 of this order;

4) entering into the Register of the data containing in the birth records constituted by diplomatic representations and consular establishments of Ukraine.

5. To the administrator of the State register of acts of civil status of citizens to take the adequate measures necessary for implementation of this order.

6. To department of private law (Ferens E.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

7. This order becomes effective from the date of, its publication following behind day.

8. To impose control of execution of this order on the First Deputy Minister of Justice of Ukraine Gorovts E.

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