Publication date: 27.05.2024
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Establishing the Fact of Birth in Certain Areas of Luhansk and Donetsk Regions and Temporarily Occupied Territories.
In Ukraine, establishing the fact of birth for children born in temporarily occupied territories (TOT) and certain areas of Luhansk and Donetsk regions not under Ukrainian government control involves a specific legal procedure. This process is designed to ensure that births in these regions are legally recognized according to Ukrainian law.
Step-by-Step Procedure
1. Filing a Petition with the Court
Since documents issued by authorities in the occupied territories are not recognized by Ukraine, the first step is to file a petition with the court to establish the fact of birth.
Preparing the Petition:
- 1. Draft a petition to establish the fact of birth.
- 2. The petition can be filed by one of the parents, a guardian, or another interested party.
Required Documents:
- 1. A copy of the birth certificate issued by the authorities in the occupied territory, if available.
- 2. Copies of identity documents of the parents (passports, marriage certificate, etc.).
- 3. Any additional documents that can confirm the birth circumstances (medical records, witness statements, etc.).
2. Court Hearing
Court Proceedings:
- 1. The court typically reviews the case in a simplified procedure.
- 2. During the hearing, the court may consider witness testimonies, examine submitted documents, and evaluate other evidence.
Court Decision:
- 1. The court issues a decision establishing the fact of birth.
- 2. This court decision serves as the basis for registering the birth in the Civil Status Registration Office (RACT).
3. Registering the Birth with the Civil Status Registration Office (RACT)
Application to RACT:
- After receiving the court decision, apply to the RACT at the place of residence or location.
Submission of Documents:
- Submit the court decision.
- Provide necessary documents for state birth registration (e.g., the applicant's passport, medical birth certificate if available).
Issuance of Birth Certificate:
- Based on the court decision, the RACT issues an official Ukrainian birth certificate.
Important Considerations
- It is advisable to seek help from a lawyer who specializes in issues related to the TOT and occupied territories to ensure proper document preparation and representation in court.
- Keep original documents issued by the authorities in the occupied territories as they may be needed as evidence in court.
- The court procedure to establish the fact of birth can take some time, so it’s important to plan accordingly.
Additional Information
Legal Framework
- Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and Legal Regime on the Temporarily Occupied Territory of Ukraine": Provides the legal basis for actions in the occupied territories.
- Civil Procedure Code of Ukraine: Governs the judicial process for establishing facts of legal significance, including birth.
Assistance and Support
- Several organizations provide free legal assistance to residents of the TOT and certain areas of Luhansk and Donetsk regions.
- The Ministry of Justice of Ukraine and local RACT offices can provide guidance on the procedure.
Conclusion
Establishing the fact of birth for children born in TOT and certain areas of Luhansk and Donetsk regions is crucial for their legal recognition and rights within Ukraine. This process involves judicial confirmation followed by official registration with the RACT, ensuring that the child's birth is legally acknowledged under Ukrainian law.
