Ukraine

DRC-DDG Legal Alert: Issue 64, May 2021 [EN/RU/UK]

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1. Supreme Court Negates Practice of Requiring Registration Refusal Certificate as Condition for Initiating Judicial Proceedings

Background: NGCA residents seeking registration of birth or death that occurred in NGCA have to go through a judicial process in the GCA to obtain a court ruling and further submit it to the civil acts registration body. However, under the existing practice, such judicial process can only be initiated after the applicant initially obtains a Refusal Certificate from the civil acts registration body. This unnecessary box-ticking procedural requirement comes at a heavy cost to the NGCA residents who have to make additional travel arrangements.

Recent Developments: On 22 April 2021, the Supreme Court of Ukraine reviewed a petition regarding the judicial practice of establishment of birth/death facts occurred within the NGCA, filed by the Deputy PrimeMinister of Ukraine in charge of the Minister for Temporarily Occupied Territories’ Reintegration.
Findings of the Supreme Court and its Force:

  • The Court concluded that judicial establishment of birth/death facts occurred within the NGCA does not require submission of the Registration Refusal Certificate;

  • The Supreme Court has already disseminated its findings on the matter to all the Courts of Appeal in Ukraine, which will further instruct all first instance courts under their respective jurisdictions;

  • These conclusions are outlined as a methodology in a letter form – and thus do not have the Court’s jurisprudence (case-law) status and binding authority. However, such methodology has a heavy persuasive value for the subordinate judiciary.
    Significance with regards to ‘e-baby’ online service: The ‘e-baby’ online service provides NGCA residents with remote access to a large number of birth-related social and administrative services and benefits. Despite the fact that service was made available in February 2021,1 the requirement for securing a Refusal Certificate remained a considerable hurdle for many parents. Now, apart from submitting the claim to the court, NGCA residents can apply and access all ‘e-baby’ related services online.