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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 7, 2022 No. 265

Some questions of declaring and registration of the place of residence and maintaining registers of territorial communities

According to Article part two 4, parts one of Articles 9 and 11, Article parts eight 18, to parts five and the seventh Article 21, Article parts two 22, to parts four and the sixth Article 24 and to parts three and the seventh article 26 of the Law of Ukraine "About public (electronic public) services in declaring and registration of the place of residence in Ukraine" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for declaring and registration of the residence (stay);

Procedure for creation, maintaining and administration of registers of territorial communities;

Procedure for electronic information exchange between information and communication systems and transfers of information by registration authorities in Single state demographic the register.

2. Determine that the statements from registers of territorial communities created by means of the Single state web portal of electronic services before entry into force of this resolution have the same legal force, as well as statements from registers of territorial communities which are provided by the Procedure for creation, maintaining and administration of registers of territorial communities approved by this resolution.

3. Make changes which are applied to acts of the Cabinet of Ministers of Ukraine.

4. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

5. To provide to the ministries, other central executive bodies reduction of own regulatory legal acts in compliance with this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 7, 2022, No. 265

Procedure for declaring and registration of the place of residence (stay)

1. This Procedure determines the mechanism of implementation of declaring/registration of the residence (stay), change of the residence, removal from the declared/registered residence (stay), cancellation of declaring/registration of the residence (stay), and also establishes forms of documents necessary for this purpose.

2. In this Procedure terms are used in the value given in the Laws of Ukraine "About provision public (electronic public) services in declaring and registration of the residence in Ukraine", "About freedom of travel and the free choice of the place of residence in Ukraine", "About electronic communications", "About information security in information and communication systems", "About electronic confidential services", "About the Unified state demographic register and documents which confirm citizenship of Ukraine, prove the identity or her special status", "About legal status of foreigners and stateless persons", "About the refugees and persons needing additional or temporary protection", "About administrative services" and "About local self-government in Ukraine".

3. Declaring/registration of the place of residence (stay), removal from the declared/registered residence (stay), change of the residence (stay), cancellation of declaring/registration of the residence (stay) of person is performed by body of registration, in the territory of territorial community to which powers of the relevant council extend.

4. Person can declare/register the place of residence (stay) only to one address. In case person lives in two and more places, it performs declaring/registration of the residence (stay) to one of such addresses at its sole option. To the address of the declared/registered residence (stay) with person official correspondence and delivery of official mail is conducted.

Provisions of paragraph one of this Item do not extend to persons whose address of the declared/registered residence (stay) is in the territories in which fighting is conducted, or the territories which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting (the termination of possibility of fighting) or temporary occupation is not determined (was conducted). Such person can declare/register the place of the accommodation without removal from registration of the place of the previous accommodation.

Person whose address of the declared/registered residence (stay) is in the territories in which fighting is conducted or the territories which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting (the termination of possibility of fighting) or temporary occupation is not determined (was conducted), can declare/register the place of the accommodation outside temporarily occupied territory of Ukraine without entering of any marks into the passport of the citizen of Ukraine made in the form of book.

Data on the address of the declared/registered residence (stay) which is in the territories in which fighting is conducted or the territories which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted (were kept) fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting (the termination of possibility of fighting) or temporary occupation is not determined, entered in the register of the territorial community which performed the corresponding registration action outside such territories.

Entering into the register of territorial community of data on the address of the declared/registered residence (stay) of person in the territories in which fighting is conducted or the territories which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting (the termination of possibility of fighting) or temporary occupation is not determined (was conducted), it is performed on the basis:

the document confirming the right to accommodation at housing, being in the territories in which fighting is conducted, or the territories which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting (the termination of possibility of fighting) of either temporary occupation, or information from the state register of the corporeal rights to real estate on such housing is not determined (was conducted); or

the data on the address of the declared/registered residence (stay) introduced in identity documents and confirming citizenship of Ukraine; or

the data on the address of the declared/registered residence (stay) entered into departmental information system GMS.

5. The citizen of Ukraine who lives in the territory of Ukraine and also the foreigner or the stateless person who on legal causes constantly or temporarily live in the territory of Ukraine shall within 30 calendar days after removal from the declared/registered place of residence and arrival to the new residence (stay) to declare/register it. The foreigner or the person without citizenship who received the certificate of the request for protection in Ukraine can register the place of the stay in Ukraine.

Parents or other legal representatives shall declare/register the place of residence (stay) of the newborn child within three months from the date of state registration of its birth.

In case person whose residence is declared/is registered, declares or registers the new residence with simultaneous removal from the previous place of residence (stay), the statement for removal from the declared/registered residence does not move. At the same time modification of the register of territorial community at the previous place of residence is performed based on the notification of body of registration on removal from the declared/registered residence (stay) of person with indication of date of removal from the residence (appendix 1).

6. The documents issued by competent authorities of foreign state which are filed for registration of the residence of removal from the declared/registered residence make sure of the procedure established by the legislation if other is not provided by international treaties of Ukraine. Such documents are filed with the translation into Ukrainian certified notarially.

7. Declaring of the residence of person according to the declaration on the residence (further - the declaration) submitted such person electronically means of the Single state web portal of electronic services (further - the Action Portal), is performed concerning person who:

1) underwent testing of authenticity with use of the integrated system of authentication, the qualified digital signature or other means of electronic identification which allow to identify the applicant's personality unambiguously;

2) is declared by the place of residence:

in housing of private pattern of ownership, on condition of entering of data on such housing into the State register of the corporeal rights to real estate;

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