It is registered
Ministry of Justice of Ukraine
January 14, 2011
No. 55/18793
of January 12, 2011 No. 96/5
About approval of Rules of modification of assembly records of civil status, their recovery and cancellation
According to part five of article 9 of the Law of Ukraine "About state registration of acts of civil status" PRIKAZYVAYU:
1. Approve Rules of modification of assembly records of civil status, their recovery and cancellation which are attached.
2. To department for civil status of citizens (Kund V. V.):
2.1. Provide this order on state registration according to the Presidential decree of Ukraine of 03.10.92 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).
2.2. Bring this order to the attention 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.
4. This order becomes effective from the date of its official publication.
5. To impose control over the implementation of this order on the deputy minister Panchenko A. M.
Minister
A. Lavrinovich
Approved by the Order of the Ministry of Justice of Ukraine of January 12, 2011 No. 96/5
1.1. Modification of the assembly records of civil status constituted by bodies of state registration of acts of civil status of Ukraine is carried out by departments of state registration of acts of civil status justice departments (further - departments of state registration of acts of civil status) in the cases provided by the current legislation.
In case of refusal in modification of assembly entries of civil status in the conclusion of department of state registration of acts of civil status causes of failure are specified and it is noted about possibility of appeal it judicially.
1.2. Recovery of assembly records of civil status, the acts of civil status of Ukraine which are drawn up by bodies of state registration, is carried out by departments of state registration of acts of civil status in case of loss of these records.
1.3. Petitions from citizens of Ukraine about recovery of assembly records of civil status which were constituted by competent authorities of foreign states are considered in accordance with general practice with observance of requirements of these Rules.
Lack of noted assembly records of civil status shall be documented.
1.4. Cancellation of assembly record of civil status is carried out by department of state registration of acts of civil status of the place of its creation based on the judgment, and in cases, stipulated in Article 39 Family codes of Ukraine, - the conclusions of department of state registration of acts of civil status, diplomatic representation or consular establishment of Ukraine.
Cancellation of assembly record about annulment of marriage, about death in cases, stipulated in Article 118 Family codes of Ukraine, is carried out by department of state registration of acts of civil status which carried out state registration of these acts.
Consideration of question of cancellation of the updated or repeatedly constituted assembly record of civil status is carried out according to the statement of the interested person or at the initiative of department of state registration of acts of civil status of the place of identification of the updated or repeatedly constituted assembly record.
The updated 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 state registration of acts of civil status of management of state registration of interregional managements of the Ministry of Justice of Ukraine (further - department of state registration of acts of civil status of management of state registration) on the location of the updated or repeatedly constituted record).
1.5. Statements for modification of assembly records of civil status, their recovery and cancellation are accepted by departments of state registration of acts of civil status according to the procedure, determined by these rules, way of their forming and registration by means of software of maintaining the State register of acts of civil status of citizens in case of presentation of the passport of the citizen of Ukraine (further - the passport), the passport document of the foreigner or the identity document without nationality (further - the passport document) the applicant. The created statement for modification of assembly records of civil status, their recovery and cancellation is printed out by the official and on condition of lack of notes to the data specified in it is signed by the applicant.
If applicant is the person with physical violations which make impossible autographic signing by him of the statement for modification of assembly records of civil status, their renewal and cancellation, the corresponding applications can be submitted without putting down by such applicant of own signature. In that case filing of application about modification of assembly records of civil status, their renewal and cancellation happens in the presence of the witness attracted with the corresponding applicant.
By the witness person with partial or incomplete civil capacity to act, with special civil disability or incapacitated person, and also persons from number cannot be involved: officials of body of state registration of acts of civil status which the applicant addressed; the second of parents in all cases determined by the legislation, connected with protection of interests of the child; the second of brides; the second of spouses in case of annulment of marriage according to the statement of spouses; persons who cannot read or put down own signature on the statement or assembly record of civil status.
If applicant is person with sight violation by the official of body of state registration of acts of civil status aloud the text of the statement for modification of assembly records of civil status, their renewal and cancellation becomes engrossed in reading.
Person with hearing disorder and/or speeches in case of filing of application about modification of assembly records of civil status, their renewal and cancellation can involve the translator of sign language, including online.
The witness, the translator of sign language show the passport or the passport document.
About features of submission of such statements in the corresponding statement the following data are entered: "The application is submitted in the presence of the applicant who is person with sight violation, the text to which it is read, or the witness/translator of sign language, its surname, own name, middle name (in the presence), details of the passport or passport document" which are fastened with the signature of the witness or in case of physical presence of the translator of sign language.
In case of filing of application about modification of assembly records of civil status, their recovery and cancellation of department of state registration of acts of civil status by the citizen of Ukraine who constantly lives abroad the passport of the citizen of Ukraine for trip abroad is shown.
In case of presentation of the e-passport, the e-passport for trip abroad, and also receipts of their electronic copies, or the separate data containing in the specified electronic copies of documents, their check or forming it is performed according to the Procedure for forming and verification of the e-passport and e-passport for trip abroad, their electronic copies approved by the resolution of the Cabinet of Ministers of Ukraine of August 18, 2021, No. 911, secure channels of information exchange with use of means of cryptographic information security which meet the requirements of the legislation to the means of cryptographic information security intended for protection of confidential information.
The department of state registration of acts of civil status uses the data received by results of the corresponding check for modification of assembly records of civil status, their recovery and cancellation.
Statements of foreigners which on legal causes are in Ukraine for modification of the assembly records of civil status, their recovery and cancellation constituted by bodies of state registration of Ukraine are considered by department of state registration of acts of civil status in accordance with general practice.
The documents constituted in foreign language move for modification of assembly records of civil status, their recovery and cancellation together with their translations into Ukrainian certified in accordance with the established procedure which remain for the department of state registration of acts of civil status which adopted the statement.
The documents issued by competent authorities of foreign states as a witness of the acts of civil status made 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 other is not provided by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.
If the basis for modification of assembly records of civil status, their recovery and cancellation is the judgment or if certain judgment is necessary for modification of assembly records of civil status, their recovery and cancellation, modification of assembly records of civil status, their recovery and cancellation according to the address of the applicant is passed only based on the copy the judgment electronically received as a result of information exchange between the Unified state register of judgments and the State register of acts of civil status of citizens which is performed by information and communication means electronically according to the procedure, established by Public judicial administration of Ukraine together with the Ministry of Justice of Ukraine.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.