Bilozerka district court considered the case of the Crimea citizen Daryna on the recognition of the fact of the birth of her child for four and a half months. The boy, who was born in September of last year in Simferopol, became a Ukrainian citizen after his mother had asserted the right in court.
In October of last year Andriy addressed Bilozerka Law Community Center. He told that he and his wife Daryna are still the citizens of Ukraine, although are living permanently in Crimea. On 11 September of last year they had a son. The parents appealed to the Department of registration of birth of Simferopol and received the birth certificate*.
Could they imagine then that they would face problems in Ukraine caused by the certificate issued on the territory of the occupied Crimea?
A young dad told the lawyer of the Center Lyudmyla Zagorovska that in October he and his wife and their newborn son had come to Daryna’s parents in Stanislav. They did not plan to stay long. After all, Andriy had a job in Russia and the young mother with the baby planned to live in Simferopol, at her parents.
However, they failed to go to the Crimea again. The family was stopped at the checkpoint.
The family appealed to the Department of civil acts registration of Bilozerka district Department of justice of Kherson region with a request to replace the birth certificate of the child issued by the Russian Federation by the Ukrainian birth certificate. However, such replacement is not provided within the current legislation. In this case they have to go to court.
The lawyer of Bilozerka Center Lyudmyla Zagorovska helped draw up the relevant statement to the court.
Similar cases were already considered in other regions of Ukraine, concerning meeting demands of citizens by the courts of first instance. But the judge of Bilozersky district court of the Kherson region considered such case for the first time.
At the end of November 2015 Daryna received the court dicision on refusal to open proceedings in the case. The woman came to Bilozerka Center again. The lawyer of the Center helped Daryna immediately file a complaint to the Appellate Court of Kherson region. Finally, the Appellate Court upheld the requirements set out in the complaint and referred the case back to the trial court for reconsideration.
On March 1 the judge of Bilozerka district court re-examined the case and satisfied the claims of the applicant. The court decision entered into force.
During the consideration of Daryna’s case the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On amendments to the Civil Procedure Code of Ukraine regarding establishment of the fact of birth or death of persons in the temporarily occupied territory of Ukraine" that provides that such cases shall be considered urgently by courts and executed immediately after the announcement of the decision.
P.S. Community Law Centers are created and work in the framework of the “Legal aid to the poor and vulnerable groups” Initiative with the financial support of “Human Rights and Justice” Program Initiative of International Renaissance Foundation. You can learn more about activity of Community Law Center network, basics and principles of work on the LegalSpace website.
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.
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