ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

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.

Approved by the Order of the Ministry of Justice of Ukraine of January 12, 2011 No. 96/5

Rules of modification of assembly records of civil status, their recovery and cancellation

I. General provisions

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.

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.

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.

In case of decision making of court before introduction of the Unified state register of judgments the judgment copy no later than the next working day from the date of submission of the corresponding statement is requested by department of state registration of acts of civil status in the relevant court.

If the judgment which is the basis for modification of assembly records of civil status, their recovery and cancellation is absent in the Unified state register of judgments or its copy cannot be received in connection with acceptance in temporarily occupied territory of Ukraine, the department of state registration of acts of civil status refuses modification of assembly records of civil status, their recovery and cancellation.

The employee of department of state registration of acts of civil status who adopted the statement verifies the data noted by the applicant in the statement with the passport or the passport document. Contradictory data in documents in writing are explained by the applicant. The documents having untied corrections, erasures or raise doubts concerning their reliability, are checked especially carefully and in case of need go for conducting their examination to judicial and expert organization of the Ministry of Justice of Ukraine (at the expense of the applicant). The data on acts of civil status specified by the applicant in the statement are checked in the State register of acts of civil status of citizens.

1.6. The diplomatic representation or consular establishment of Ukraine adopts and considers petitions from citizens of Ukraine, foreigners and persons, without nationality about modification of the assembly records of civil status, their recovery, cancellation constituted by bodies of state registration of acts of civil status of Ukraine, according to the procedure, provided by these Rules.

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