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Ministry of Justice of Ukraine

October 18, 2000

No. 719/4940

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of October 18, 2000 No. 52/5

About approval of Rules of state registration of acts of civil status in Ukraine

(as amended on 22-11-2019)

Due to the adoption of law of Ukraine "About modification of some legal acts of Ukraine concerning civil registration" PRIKAZYVAYU:

1. Approve Rules of state registration of acts of civil status in Ukraine which are attached.

2. Recognize invalid the Instruction about order of registration of acts of civil status in Ukraine approved by the order of the Ministry of Justice of USSR of 29.12.1984 No. 22/5, with the changes and amendments approved by the order of the Ministry of Justice of 19.04.1994 No. 15/5.

3. Noted Rules of civil registration to enact since January 01, 2001.

4. To the director of the department of cases of civil status of citizens Koundé V. V. to send Rules 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 registration authorities of acts of civil status of the respective region.

5. To impose control of execution of this order on the First Deputy Minister of Justice of Ukraine of Stychinsky B. S. and the director of the department of cases of civil status of citizens Kunda V. V.

Minister

S.R.Stanik

Approved by the Order of the Ministry of Justice of Ukraine of October 18, 2000 No. 52/5

Rules of state registration of acts of civil status in Ukraine

I. General provisions

1. State registration of acts of civil status is carried out for the purpose of ensuring realization of the rights of the physical personality and official recognition and confirmation of the facts of the birth of physical person by the state and its origin, scrap, annulment of marriage, change of name, death.

The bodies of state registration of acts of civil status which are carrying out state registration are district, district in the cities, city (the cities of regional value), interdistrict departments of state registration of acts of civil status of the head territorial administrations of justice, executive bodies rural, settlement, city (except the cities of regional value) councils.

State registration of acts of civil status of the citizens of Ukraine living or who are temporarily located abroad is carried out by diplomatic representations and consular establishments of Ukraine.

2. The birth of physical person and its origin, scrap, annulment of marriage, in the cases established by the law, change of name, death according to the Family code of Ukraine and the Civil code of Ukraine, the Law of Ukraine "About state registration of acts of civil status" and other acts of the legislation are subject to state registration.

Data on the birth of physical person and its origin, adoption, deprivation and renewal of the parent rights, scrap, annulment of marriage, change of name, death are subject to obligatory entering into 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 No. 1064.

3. District, district in the cities, city (the cities of regional value), gorrayonny, interdistrict departments of state registration of acts of civil status of the head territorial administrations of justice carry out state registration of the birth of physical person and its origin, scrap, annulment of marriage, change of name, death, make changes to assembly records of civil status, renew and cancel them; create the State register of acts of civil status of citizens, keep it, store archival fund; perform other powers according to the legislation.

According to petitions from citizens of Ukraine which living in temporarily occupied territory of Ukraine or moved from it of state registration of acts of civil status, modification of assembly records of civil status, their renewal and cancellation perform departments of state registration of acts of civil status of the place of the address of the applicant.

4. Executive bodies rural, settlement, city (except the cities of regional value) councils carry out state registration of the birth of physical person and its origin, scrap, death.

5. Diplomatic representations and consular establishments of Ukraine carry out state registration of the birth of physical person and its origin, scrap, annulment of marriage, change of name, death concerning citizens of Ukraine, adopt and consider statements for modification of assembly records of civil status, their renewal and cancellation.

State registration of change of name and annulment of marriage is carried out by diplomatic representations and consular establishments of Ukraine only concerning the citizens of Ukraine who are constantly living abroad.

6. About the fact of state registration of the act of civil status by bodies of state registration of acts of civil status appropriate certificates about the birth, marriage, annulment of marriage, change of name, death on the forms made on the samples and their descriptions approved by the resolution of the Cabinet of Ministers of Ukraine of 10.11.2010 No. 1025 "About approval of models of assembly records of civil status, descriptions and samples of forms of certificates on state registration of acts of civil status" are granted.

The procedure for accounting, the reporting and storage of forms of certificates on state registration of acts of civil status is established by the Procedure for accounting about use of forms of certificates on state registration of acts of civil status, and also their storage approved by the order of the Ministry of Justice of Ukraine of October 29, 2012 No. 1578/5, registered in the Ministry of Justice of Ukraine on November 2, 2012 for No. 1845/22157 (further - the Accounting treatment, the reporting and storage of forms of certificates).

7. Employees of bodies of state registration of acts of civil status in the activities are guided by the laws of Ukraine, resolutions of the Verkhovna Rada of Ukraine, presidential decrees of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, regulatory legal acts of the Ministry of Justice of Ukraine, and in the territory of the Autonomous Republic of Crimea, besides - the legislation of the Autonomous Republic of Crimea.

In case of state registration of acts of civil status employees of bodies of state registration of acts of civil status in accordance with the established procedure and within competence resolve the issues following from rules of international law, and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

If the international treaty of Ukraine signed in accordance with the established procedure contains other rules, than those which are established by the relevant act of the family legislation are applied rules of the corresponding international treaty of Ukraine.

8. State registration of acts of civil status according to statements of foreigners, stateless persons is carried out by the legislation of Ukraine.

Bodies of state registration of acts of civil status inform competent authorities of foreign states with which Ukraine signs contracts on legal assistance and legal relations in civil and family cases, on state registration of acts of civil status of citizens of such states if by rules of agreements it is provided the specified data.

9. Employees of bodies of state registration of acts of civil status shall observe the mystery of state registration of acts of civil status. Data on nationality, education, marital status, and also the address, birth date and birth place of physical person which became known to the employee of body of state registration of acts of civil status in connection with state registration of the act of civil status are confidential and are not subject to disclosure.

The physical person has the right to acquaintance with information which contains in assembly record of civil status which concerns it personally, except the cases provided by the law.

Confidential information on physical person which contains in assembly record of civil status (data on nationality, education, marital status, and also the address, birth date and birth place of physical person) can be reported by employees of body of state registration of acts of civil status to zaprashivatel of information on desire of physical person and only in its consent based on the statement, authenticity of the signature on which is attested in accordance with the established procedure.

By a court decision the physical person has the right to acquaintance with confidential information in assembly records of civil status of other persons if it is necessary for realization and protection of the rights and legitimate interests.

Employees of bodies of state registration of acts of civil status acquaint zaprashivatel of information with data of assembly records of civil status, access to which is not limited.

Upon the demand of physical person employees of bodies of state registration of acts of civil status provide written information on data of assembly records of civil status with which it has the right to acquaintance according to the legislation.

Bodies of state registration of acts of civil status report to bodies of work and social protection of the population, territorial authorities of the Pension fund of Ukraine of Ukraine the information about the dead in the procedure established by the legislation.

Departments of state registration of acts of civil status provide to bodies of maintaining the State register of voters the information according to the procedure, provided by the Law of Ukraine "About the State register of voters".

Bodies of state registration of acts of civil status notify district (city) military commissariats on state registration of marriage, annulment of marriage, change of name of recruits and persons liable for call-up, their death, withdrawal of military and accounting documents, preferential certificates, and also on change of surname, name, middle name and other these specified persons.

Repeated issue of certificates on state registration of acts of civil status, and also issue of statements from the State register of acts of civil status of citizens are performed by departments of state registration of acts of civil status in case of confirmation of the right of the personality to data acquisition of documents and, in some cases, the related relations between the applicant and person concerning whom assembly record of civil status is constituted.

The department of state registration of acts of civil status reports data on state registration of the act of civil status based on determination (written request) of court (judge) in connection with cases which are in its production, and also the written request, body of pre-judicial investigation, other state bodies, local government bodies (officials) if the request is made in connection with implementation by them of the powers determined by acts of the legislation.

The department of state registration of acts of civil status reports data on state registration of the act of civil status on the written request of court (judge), and also bodies of inquiry or pretrial investigation in connection with the cases which are in their production, the notary under whose authority heritable case, other state bodies (officials) is if the request is made in connection with implementation by them of the powers determined by acts of the legislation.

Departments of state registration of acts of civil status consider and provide the information on state registration of the act of civil status with adherence to deadlines and about, determined by the legislation.

10. The clerical work in bodies of state registration of acts of civil status is conducted in state language.

II. General regulations of state registration of acts of civil status

1. General procedure for state registration of acts of civil status

1. State registration of the act of civil status is carried out by department of state registration of acts of civil status by creation of assembly entry of civil status in electronic form in the State register of acts of civil status of citizens and on papers.

Executive bodies rural, settlement, city (except the cities of regional value) councils constitute assembly records of civil status in electronic form according to the procedure which affirms the Ministry of Justice of Ukraine, and print them on papers which not later than 3 numbers of the following for reporting transfer month in corresponding district, district in the city, city (the cities of regional value), district, interdistrict department of state registration of acts of civil status of the head territorial administration of justice.

Assembly record of civil status is constituted in the presence of the applicant, except the cases provided by these rules and is printed on papers in duplicate, each of which is numbered by the same number. Numbering of assembly records of civil status of each type of state registration begins with the first number and is conducted consistently within year from January 1 to December 31 inclusive.

The body of state registration of acts of civil status acquaints the applicant with the data entered in assembly record of civil status that makes sure its signature of the corresponding column of paper of assembly record, except the cases provided by these rules.

After that assembly record makes sure signatures of the head of body of state registration of acts of civil status and the official who carried out state registration of the act of civil status, and is sealed.

Based on the constituted assembly record of civil status in full accordance with it the body of state registration of acts of civil status which carries out state registration of the act of civil status, the Ministry of Justice of Ukraine grant the certificate on state registration of the act of civil status. The certificate is signed by the head of body which issued it, and makes sure seal of such body.

2. In case of creation of assembly records of civil status reducings words, corrections and erasures are not allowed.

In assembly entries of civil status in columns: "Birth date", "Date of death" number and year are specified by the Arab figures, month - the word; "Birthplace" and "The place of death" are specified the complete official name of the state and other data according to the existing administrative-territorial device.

In cases when certain graphs of assembly record of civil status are not filled because data which are entered in them are not documented and also if it is necessary to specify features of carrying out state registration of the act of civil status, in the column "For Marks" the corresponding mark becomes.

3. For state registration of acts of civil status the statement documents confirming the facts which are subject to state registration and also the passport of the citizen of Ukraine, the passport document of the foreigner or the identity document without nationality of the applicant and type are submitted for permanent or temporary residence or other document confirming legality of stay of the foreigner or stateless person in the territory of Ukraine.

The paragraph two is excluded according to the Order of the Ministry of Justice of Ukraine of 25.09.2017 No. 3007/5.

The paragraph third is excluded according to the Order of the Ministry of Justice of Ukraine of 25.09.2017 No. 3007/5.

The statement for state registration of the act of civil status is created and registered by means of software of maintaining the State register of acts of civil status of citizens. On the statement the applicant, on condition of lack of notes to the data specified in it puts down own signature.

4. State registration of acts of civil status it can be refused if state registration contradicts requirements of the legislation of Ukraine; state registration shall be carried out in other body of state registration of acts of civil status; incapacitated persons or person who does not have powers necessary for this purpose requested state registration.

The employee of department of state registration of acts of civil status surely checks the data on acts of civil status specified in the statement in the State register of acts of civil status of citizens.

The body of state registration of acts of civil status at the request of person to whom it is refused state registration of acts of civil status in connection with availability of one of the bases specified in paragraph one of this Item shall state the reason of such refusal in writing.

5. If changes are made to assembly record of civil status or other marks are performed (about annulment of marriage, adoption, change of name in the cases established by the law, deprivation or renewal of the parent rights and so forth), then on the face of assembly record the bases of their introduction are specified: assembly record, the judgment, the order of the head of the district, city public administration or the decision of executive committee of city, district council in the city about assignment or change of surname or own name of the juvenile child, the conclusion of department of state registration of acts of civil status or other document which is the basis for modification. Records of the changes which are rather made to assembly record of civil status make sure the signature of the official and seal of department of state registration of acts of civil status.

Changes are made to assembly record of civil status along with entering of the same changes into the State register of acts of civil status of citizens.

6. The documents constituted in foreign language move for state registration of acts of civil status together with their translations into Ukrainian certified in accordance with the established procedure.

7. The documents issued by competent authorities of foreign states as a witness of the acts of civil status performed outside Ukraine under the laws of the relevant states concerning citizens of Ukraine, foreigners and stateless persons are recognized valid Ukraine in the presence of legalization if another is not provided by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

8. In case of calculation of the terms determined by the Civil code of Ukraine it is necessary to be guided by the following rules:

the term determined for years expires in the corresponding month and number of the last year of term;

the term determined for months expires in the corresponding number of the last month of term. If the termination of the term determined month falls on such month in which there is no corresponding number, term expires in the last day of this month.

If the last day of term falls on the output, festive or other non-working day determined according to the law in the place of making of certain action, day of the termination of term is the first behind it the working day.

The current of term begins from the next day after the corresponding calendar date or approach of event with which its beginning is connected.

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