LAW OF UKRAINE

of November 20, 2012 No. 5492-VI

About the Unified state demographic register and documents which confirm citizenship of Ukraine certify person or its special status

This Law determines the legal and organizational principles of creation and functioning of the Unified state demographic register and issue of documents which certify person, confirm citizenship of Ukraine or the special status of person, and also the right and obligation of persons addressed to which such documents are issued.

Section I. General provisions

Article 1. The legislation on the Unified state demographic register and on documents which certify person is confirmed by citizenship of Ukraine or the special status of person

1. The public relations connected with collection, accumulating, protection, storage, accounting, use and distribution of information of the Unified state demographic register (further - the Register), registration, issue, exchange, transfer, withdrawal, return to the state, recognition invalid and destruction of the documents provided by this Law, are regulated by the Constitution of Ukraine, international treaties of Ukraine, present and other laws of Ukraine, and also with regulatory legal acts adopted in their execution in spheres where the relevant documents which certify person are used, confirm citizenship of Ukraine or the special status of person.

2. If the international treaty of Ukraine establishes other rules, than those which contain in this Law are applied rules of the international treaty.

Article 2. Authorized subjects

1. Authorized subjects according to this Law are:

1) the manager Reestra - the central executive body realizing state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, refugees and other categories of migrants determined by the legislation;

2) the Ministry of Foreign Affairs of Ukraine, foreign diplomatic organizations of Ukraine (further - ZDU);

3) executive bodies, other state bodies, local government bodies, authorities of the Autonomous Republic of Crimea;

4) centers of provision of administrative services;

4-1) state company belonging to the sphere of management of the manager Reestr;

5) the central executive body which realizes state policy in spheres sea and inland water transport, the state company belonging to the sphere of management of the central executive body realizing state policy in spheres sea and inland water transport to which main objectives organizational technical supply of provision of services in the sphere sea and inland water transport belongs;

6) authorized body concerning civil aviation;

7) organizations which belong to the sphere of management of the manager Reestr;

8) the central executive body providing forming of state policy in spheres of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, refugees and other categories of migrants determined by the legislation.

2. Functions and powers of authorized subjects are determined by this Law and other legal acts of Ukraine.

3. The authorized subjects provided by part one of this Article are managers of departmental information systems in the limits determined by this Law.

Article 3. Determination of terms

1. For the purposes of this Law the following terms are used in such value:

1) the contactless electronic medium - the contactless integrated circuit implanted into the form of the document for introduction of personal data, parameters, including biometric which allows to perform complex of the actions connected with verification of person and can be used as means of the qualified digital signature in cases, stipulated by the legislation;

2) biomathematical data - data set about person, its characteristics collected on the basis of fixing which have sufficient stability and significantly differ from similar parameters of other persons (biometric data, parameters - the digitized signature, the digitized image of human face, the digitized fingerprints of hands);

3) biomathematical parameters - measuring physical characteristics or personality behavioural traits which are used for identification (recognition) of person or verification of the provided identification information on person;

4) applicants are citizens of Ukraine, foreigners, stateless persons who have the right to permanent or temporary residence in Ukraine, foreigners and persons without citizenship who are recognized as refugees or persons who need additional protection, parents (adoptive parents), guardians, custodians, representatives;

To identify 5) - to perform complex of actions which allows to carry out search in the principle "one to many", comparing these (parameters) faces, including biometric, to information of the Register;

6) identification of the personality - identification by comparison of provided data (parameters), including biometric, the available information on the personality in registers, card-indexes, databases etc.;

7) name of person - surname, name and middle name of physical person;

8) machine-readable zone - the place in the document intended for introduction and reading of information determined by this Law by means of technical means;

9) the page of data - the leaf intended for introduction of information on person from special material which provides personalisation by means of technologies of laser engraving and laser perforation for the documents made in the form of book, either front or reverse side of the document made in the form of card;

10) verification - comparison of these (parameters), including biometric, for identification of the personality to documents or information from the Register for confirmation of their identity;

11) template - the mathematical model of the image of the digitized fingerprints of hands of person, makes impossible the return reproduction of the received digitized fingerprints of hands of face who is saved in the Register for the purpose of use in national system of biometric verification and identification;

12) the e-passport - the passport of the citizen of Ukraine in the form of electronic display of information which contains in the passport of the citizen of Ukraine in the form of card which is drawn up by means of the Register together with the unique electronic identifier (QR code, barcode, digital code), and also information on the place of residence (in the presence);

13) the e-passport for trip abroad - the passport of the citizen of Ukraine for trip abroad in the form of electronic display of information which contains in the passport of the citizen of Ukraine for trip abroad which is drawn up by means of the Register together with the unique electronic identifier (QR code, barcode, digital code), and also information on the residence and tax number (registration number of accounting card of taxpayers from the State register of physical persons - taxpayers) (in the presence).

2. Other terms are used in this Law in the following values:

the terms "parents", "adoptive parents", "guardians", "custodians", "other representatives" - in the values given in Family and Civil codes of Ukraine;

the terms "third party", "processing of personal data", "depersonalization of personal data", "personal data", "information", "safety of information", "information with limited access", "qualified digital signature", "means qualified the digital signature", "electronic confidential services" - in the values given in the laws of Ukraine "About personal data protection", "About information", "About information security in information and communication systems", "About electronic identification and electronic confidential services";

the terms "subject of aviation activities", "operator", "crew of the aircraft", "commander of the aircraft" - in the values given in the Air code of Ukraine;

the terms "client", "due diligence" - in the values given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

Section II. Unified state demographic register

Article 4. Unified state demographic register

1. The unified state demographic register is the electronic information and communication system intended for storage, protection, processing, use and distribution of information on person determined by this Law and about documents which are processed using means of the Register, with ensuring compliance by the guaranteed Constitution of Ukraine of freedom of travel and the free choice of the place of residence, prohibition of intervention in private and family life, other rights and freedoms of man and citizen.

The register and property rights of intellectual property on the intellectual property items created by request of authorized subjects for functioning of the Register belong to the state. Alienation, transfer or other use, than is determined by this Law, the Register, its structural components and property rights of intellectual property are forbidden.

The unified state demographic register is kept for the purpose of identification of the personality for registration, issue, exchange, transfer, withdrawal, return to the state, recognitions invalid and destructions of the documents provided by this Law. The unified state demographic register in the limits determined by the legislation on freedom of travel and the free choice of the place of residence is used also for accounting of information on the registered or declared place residence (stay) of person.

2. The authorized subjects determined by this Law for accounting of data conduct departmental information systems (further VIS).

3. The procedure for maintaining the Register and interaction between authorized subjects is established by the Cabinet of Ministers of Ukraine.

4. The procedure of identification and verification is established by the Cabinet of Ministers of Ukraine.

Article 5. Structure of the Unified state demographic register

1. The register is functionally single system which consists of the main and reserve computer centers and nodes of authorized subjects.

Article 6. Basic principles of functioning of the Unified state demographic register

1. Reestr's functioning is provided with the manager Reestra.

2. Manager Reestra:

Will organize 1) and controls provision of information access of the Register;

2) controls work on preserving and information security of the Register from accidental loss or destruction, illegal processing, in particular illegal destruction or unauthorized access, including the third parties;

3) coordinates work on entering into the Register of information;

4) performs accumulating, updating, verification of information;

5) provides information on functioning of the Register;

6) gives replies to the requests of authorized subjects with observance of requirements of the legislation on personal data protection;

7) records authorized subjects;

8) carries out information exchange with BIS of authorized subjects;

9) performs the organization of development, registration and representation on approval of the technical description and samples of the identity documents confirming citizenship of Ukraine or the special status of person;

10) performs the organization of production, accounting of documents and the circulation of forms of the identity documents confirming citizenship of Ukraine or the special status of person;

Provides 11) in the procedure for means of the qualified digital signature established by the legislation, and also performs their technical support and servicing;

12) performs other functions necessary for the purposes determined by this Law.

3. The Cabinet of Ministers of Ukraine determines the state company belonging to the sphere of management of the manager Reestr, the administrator Reestra.

4. Administrator Reestra:

1) performs actions on information, technical and to program technological support of functioning of the Register;

2) provides preserving and information security of the Register from accidental loss or destruction, illegal processing, including illegal destruction or unauthorized access, including the third parties;

3) in coordination with the manager Reestra is performed by information support of BIS of authorized subjects and applicants (their representatives);

4) carries out other tasks assigned to it by the manager Reestra necessary for the purposes determined by this Law.

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