Establishing the fact of birth in Certain areas of Luhansk and Donetsk regions and temporarily occupied territories

Establishing the fact of birth in Certain areas of Luhansk and Donetsk regions and temporarily occupied territories

Since 2014, Russia's armed aggression against Ukraine has been ongoing, which has led to the temporary occupation of certain areas of Luhansk and Donetsk regions and temporarily occupied territories. In this regard, Ukrainian citizens born in these territories face problems with the legalisation of their documents, including birth certificates. This issue is of not only national but also international importance as it relates to human rights and fundamental freedoms.

Legislative regulation

Under Ukrainian law, registration of a child's birth is mandatory. However, documents issued by illegal authorities in the occupied territories are not recognised by Ukraine. In this case, citizens need to go to court to establish the legal fact of birth.

Before applying to the court, it is worth familiarising yourself with the basic laws governing this process. This will allow you to better understand what rights the applicant has and what actions should be taken to obtain a positive decision.

• The Constitution of Ukraine guarantees the right to citizenship and its acquisition.
• The Civil Procedure Code of Ukraine - defines the procedure for judicial determination of facts of legal significance.
• The Law of Ukraine ‘On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine’ regulates the legal status of persons residing in the temporarily occupied territories.

Understanding these norms allows you to avoid common mistakes when filing an application with the court and simplify the process of obtaining a decision. In addition, international organisations and human rights institutions emphasise the need for the international community to recognise the rights of citizens born in the occupied territories.

The procedure for establishing the fact of birth

Before starting the legal process, it is important to know the main steps that need to be taken. This will help you avoid unnecessary delays and prepare all the documents correctly.

1. Preparation of documents. Before going to court, you need to collect documentary evidence confirming the child's birth.
2. Preparation of a statement of claim. The statement of claim must contain: the applicant's full name; information about the child; justification for the need to establish the fact of birth; a list of evidence; and references to the relevant legal provisions.
3. Filing a lawsuit. The claim is filed in any court of Ukraine at the place of residence of the applicant or his or her relatives. The case is considered in a separate proceeding. The applicant may apply in person or through a representative (lawyer).
4. The case is considered in court. The court analyses the submitted documents, hears witnesses (if necessary) and makes a decision. It is important to provide the fullest possible package of evidence to avoid re-examination of the case.
5. Obtaining a court decision. After the case is considered, the court issues a decision, which is the basis for registering the birth with the state Civil Registry Office. This decision is legally binding and allows you to issue a Ukrainian-style birth certificate.
6. Applying to the Civil Registry Office. On the basis of a court decision, parents can apply to the Civil Registry Office to obtain a birth certificate. The following documents must be submitted: the applicant's passport; the court decision; and an application for birth registration.
7. Obtaining a birth certificate. After passing all the stages, the child receives an official birth certificate, which allows him or her to exercise his or her rights as a citizen of Ukraine.

Each of these stages is important, and failure to comply with the requirements may result in a refusal to register. Therefore, you should carefully prepare all documents and apply to the court with the maximum evidence.

List of required documents

Documentary evidence of the child's birth is a key stage in the legal process. Without the necessary documents, the court may refuse to establish the fact of birth.

• Passport of the applicant (parents or legal representative).
• Documents confirming the fact of birth (medical certificates, testimonies).
• Proof of residence in the temporarily occupied territory (if possible).

Collecting documents in advance will significantly speed up the court process and allow you to get a positive decision without unnecessary difficulties.

The main advantages of the procedure:

The procedure for establishing the fact of birth through the court has significant advantages that guarantee the protection of the child's rights and future in Ukraine.

Legalisation of a person in Ukraine - the child is officially recognised as a citizen of the state.

Obtaining a Ukrainian-style birth certificate - the document allows you to apply to state institutions.

Access to social and medical services - after registration, the child can receive medical care and other benefits.

These benefits are extremely important for every citizen, as they provide an opportunity to live a full life in Ukraine. In addition, it opens the door to further education, social benefits and legal protection.

Frequently asked questions about establishing the fact of birth in Certain areas of Luhansk and Donetsk regions and temporarily occupied territories