ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 26, 2002 No. 86/5

About approval of the Regulations on procedure for change, amendment, renewal and cancellation of assembly records of civil status

According to article 162 of the Code about scrap and family of Ukraine and in connection with adoption of the Family code of Ukraine I ORDER:

1. Approve Regulations on procedure for change, amendment, renewal and cancellation of assembly records of civil status which are applied.

2. Not apply in work since January 1, 2003 the Regulations on procedure for change, renewal, cancellation of civil registrations, procedure and storage durations of assembly books approved by the resolution of board of the Ministry of Justice of Ukraine of April 14, 1993 Governed concerning modification, amendments and corrections of civil registrations, Governed concerning renewal of the lost civil registrations, approved by the Ministry of Justice on May 3, 1994.

3. Specified in the Item 1 Provision to enact since January 1, 2003.

4. To the director of the department of cases of civil status of citizens Koundé V. V. to send the Provision to Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, to regional, Kiev and Sevastopol city justice departments for application in work of subordinated departments of civil registration of the respective region.

5. To impose control of execution of this order on the Deputy State secretary of the Ministry of Justice Efimenko L. V. and director of the department of cases of civil status of citizens Kunda V. V.

 

Approved by the Order of the Ministry of Justice of Ukraine of September 26, 2002 No. 86/5

Regulations on procedure for change, amendment, renewal and cancellation of assembly records of civil status

1. General rules

1.1. Modification, amendments (further - changes) in assembly records of civil status which are constituted in state bodies of civil registration of Ukraine in the cases provided by the current legislation in the presence of good causes and in the absence of dispute between interested persons is performed by the state departments of civil registration district, district in the cities, city (the cities of regional value) gorrayonny justice departments (daleeotdela of civil registration).

In the presence of dispute between interested persons of change in assembly records of civil status are performed based on the judgment.

1.2. Renewal of the assembly records of civil status constituted in state bodies of civil registration of Ukraine is performed by departments of civil registration in case of loss of these records.

Petitions from citizens of Ukraine about renewal of assembly records of civil status which were constituted outside Ukraine are considered in accordance with general practice with observance of requirements of this Provision.

Lack of the specified assembly records of civil status shall be documented.

1.3. Cancellation of primary assembly records of civil status is performed by departments of civil registration of the place of their creation, based on the judgment, and in cases, stipulated in Article 39 Family codes of Ukraine, the conclusion of department of civil registration.

Cancellation of assembly record about annulment of marriage in case, stipulated in Article 118 Family codes of Ukraine, is performed by department of civil registration in which marriage was dissolved.

Consideration of question of cancellation of the resumed or repeatedly constituted assembly record of civil status is carried out according to the statement of person concerning which it was constituted, or at the initiative of department of civil registration of the place of identification of the resumed or repeatedly constituted assembly record.

The resumed or repeatedly constituted assembly records of civil status in case of detection of primary records are cancelled based on the judgment or the conclusion of department of civil registration of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol (on the location of the resumed or repeatedly constituted record).

1.4. Data on modification, amendments, renewal and cancellation of assembly records of civil status are entered in the State register of acts of civil status of citizens according to the Procedure for maintaining the State register of acts of civil status of citizens approved by the resolution of the Cabinet of Ministers of Ukraine of 22.08.2007 of N1064.

1.5. Statements for renewal, cancellation and modification of assembly records of civil status are accepted by departments of civil registration according to the procedure, determined by this Provision.

The employee of department of civil registration who adopted the statement verifies the data specified by the applicant in the statement with the passport or the passport document. Contradictory data in documents in writing speak. Documents which have untied corrections erasures or raise doubts concerning their reliability, are checked especially carefully and, in case of need, go for conducting their examination to judicial and expert organization of the Ministry of Justice of Ukraine (at the expense of the applicant).

1.6. Statements for modification of assembly records of civil status, renewal of the lost assembly records and cancellation of primary, repeatedly constituted in Ukraine assembly records of civil status concerning citizens of Ukraine who live abroad and stay on the registry in diplomatic representation or consular establishment of Ukraine in other states, and also foreigners and stateless persons which registered acts of civil status in state bodies of civil registration of Ukraine and for the period of the address with the statement live abroad, move in diplomatic representations or consular establishments of Ukraine in other states and are considered by them according to the procedure, provided by this Provision.

The diplomatic representation or consular establishment of Ukraine which adopted the statement for modification, renewal and cancellation of assembly records of civil status send inquiries through the Ministry of Foreign Affairs of Ukraine to the Ministry of Justice of Ukraine for further transfer to departments of civil registration in which there are stored corresponding assembly records of civil status, about reclamation of their copies or statements from the State register of acts of civil status of citizens.

The corresponding materials about modification, renewal and cancellation of assembly record of civil status go diplomatic representation or consular establishment of Ukraine through the Ministry of Foreign Affairs of Ukraine to the Ministry of Justice of Ukraine for further transfer to Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol.

1.7. Statements for modification, renewal and cancellation of assembly records concerning foreigners who registered acts of civil status in the territory of Ukraine and for the period of the address constantly live in the territory of Ukraine, are considered by department of civil registration in accordance with general practice.

1.8. Modification of assembly records of civil status is performed by department of civil registration of the location of the record which is subject to correction.

1.9. Registration of the resumed assembly record is performed in the place of its loss, and in connection with impossibility of its reclamation from registration authorities of acts of civil status of foreign states (natural disaster, military operations, lack of the contract on legal assistance between Ukraine and the state in which the corresponding act of civil status was registered, etc.) - according to Item 3.13 of this Provision.

1.10. Cancellation of assembly record is performed on the location of the record which is subject to cancellation.

1.11. Based on case papers and the conclusion constituted by diplomatic representation or consular establishment of Ukraine in other states, modification of assembly records, renewal and cancellation of assembly records are performed in general procedure by department of civil registration of the storage location of the corresponding assembly record, and in case vozobnovleniyaotdely civil registrations in the place of its loss.

If assembly record of civil status was registered in competent authorities of foreign states, modification, renewal and cancellation of assembly record of civil status are performed by competent authorities of this state according to the legislation of the state in the territory of which record was constituted.

1.12. Statements for modification, renewal and cancellation of assembly records are considered in three-months time from the date of receipt applications in department of civil registration.

In the presence of reasonable excuses this term is prolonged with the written permission of the head of department of civil registration of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol (in the place of their provision), but no more than for three months.

Statements for modification, renewal and cancellation of assembly records of civil status are considered by diplomatic representation or consular establishment of Ukraine in six-months time from the date of their giving.

1.13. Modification, renewal and cancellation of assembly records, and also the direction of registration certificates of acts of civil status according to the materials received from other departments of civil registration are performed in 10-day time.

1.14. The department of civil registration which received materials about modification, renewal of assembly record, cancellation of primary assembly record has no right to refuse their accomplishment. If the conclusion of department of civil registration does not correspond to the collected documents necessary for the solution of matter of substance, to the current legislation or the facts specified in it are not confirmed by copies of assembly records of civil status or statements from the State register of acts of civil status of citizens and other documents, then the received materials can be directed together with the motivated letter of the head of department of civil registration to Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol (that region to which they arrived). The department of civil registration of the above of justice department after consideration and studying of case papers returns them together with the motivated conclusion in department of civil registration of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev or Sevastopol (in the place of creation of the conclusion) for its review.

1.15. In case of submission to department of civil registration of the foreign judgment about modification, renewal, cancellation of assembly records of civil status and in other cases provided by this Provision, the issue of its accomplishment is resolved according to the current legislation of Ukraine and taking into account requirements of international treaties of Ukraine about provision of legal assistance which consent to be bound is provided by the Verkhovna Rada of Ukraine.

1.16. Modification, renewal and cancellation of assembly records of civil status are not permitted according to the statement of the representative by proxy, except the cases provided by part three of article 126 of the Family code of Ukraine.

1.17. Modification, renewal and cancellation of assembly records of civil status concerning the dead are performed according to statements of persons entering circle of legal heirs or to the will according to the current legislation of Ukraine.

1.18. The refusal of state bodies of civil registration about modification of assembly records of civil status, renewal and cancellation of assembly records can be appealed judicially.

1.19. Record about the made changes or the put-down marks makes sure the signature of the official and seal of department of civil registration, and date and the document which is the basis for implementation of the above-stated actions is at the same time specified.

2. Modification, amendments in assembly records of civil status

2.1. Applications for modification of assembly records of civil status are submitted to department of civil registration of the place of residence of the applicant, and in cases, stipulated in Article 53 Family codes of Ukraine, also to department of civil registration district, district in the city, city (the cities of regional value) gorrayonny justice department on the storage location of the first copy of assembly record about scrap.

Statements for modification of the birth record in connection with sex change (hermaphrodites and transsexuals) can be submitted also to department of civil registration of the location of institution of health care of Ukraine which issued properly the drawn-up medical certificate about final change (correction) of floor.

The statement for recognition of paternity which is the basis for modification can be submitted to department of civil registration of the storage location of the birth record or of the place of the resolution of the judgment on recognition of paternity.

The application form shall be filled in is legible, in it irrefragable answers on all questions shall be provided (appendix 1).

The department of civil registration has no right to refuse to the citizen acceptance and consideration of the application about modification.

2.2. If the applicant does not know state language, the statement can be constituted by other person in the presence of the translator and is signed by the applicant about what on it the corresponding entry is made.

2.3. Applications for modification of assembly records of civil status are submitted:

- persons concerning whom these assembly records were constituted;

- parents of minor (juveniles);

- custodians of minors and guardians of juveniles;

- guardians of incapacitated persons;

- heirs of the dead.

The statement for recognition of paternity after registration of the birth which is the basis for modification of the birth record and cannot be given personally can be submitted through the representative or is directed by mail on condition of its notarial certificate. Powers of the representative shall be notarially certified.

2.4. Together with the statement for modification of assembly records of civil status by applicants are represented:

- passport or passport document;

- registration certificates of acts of civil status in which the incorrect, incomplete data or data which are subject to change are specified;

- other documents necessary for consideration of the application and solution of matter of substance.

In confirmation of reliability of the documents on civil registration of civil registration by department submitted by the applicant are applied to case papers of the copy of the corresponding assembly records of civil status or the statement from the State register of acts of civil status of citizens based on which the issue of need of modification or refusal in it is resolved.

If assembly record of civil status to which it is necessary to make changes is in other department of civil registration of Ukraine, then the department of civil registration which adopted the statement will claim the copy of this record.

In case of lack (loss) of assembly record to which it is necessary to make changes or impossibility of modification of assembly record which is made outside Ukraine, the solution of question is possible only after renewal of the lost assembly record according to Item 3.13 of this Provision.

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