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Passport for a former prisoner: aid to those who need it

In January, Andrii Novitsky* addressed Agency for Democratic Development of Donbass with the procedure for obtaining a passport of the citizen of Ukraine.

The young man admitted in a personal conversation with the experts of the Office that before reaching the age of 16, he was sentenced to imprisonment and he was paroled in 2015.

After that Andrii appealed for the passport to the State Migration Service (SMS). Officials explained that in order to obtain the document he should certify the certificate of dismissal in a judicial order. The guy didn't know what it meant and how to act in this case.

To clarify the situation the lawyer's Office Olena Soloshenko asked an employee of the SMS, who, in turn, clarified that in case of absence of the passport of the citizen of Ukraine the document certifying that the person is a certificate of release from places of deprivation of liberty. Since Andrii was serving a sentence on the occupied territory, he had to apply to the court to confirm the legality of parole.

"The client was serving a sentence in a correctional colony of Gorlovka. At the time of the guy's release the bodies of state power of Ukraine did not exercise its authority on the territory of this city”, explained Olena Soloshenko. “The decision to parole was taken by the court of the DPR. Accordingly, in such cases, the SMS requires the confirmation of the legality of the dismissal of the person in the proper court, which is under the jurisdiction of Ukraine".

The lawyer suggested Andrii two options: to write a petition, but then he would need to pay the court fee, or do it through the Police Department, which deals with the control of the released persons. In the latter case, the young man is exempted from paying the court fee.

Andrii chose the second option and, after receiving in January a court decision and submitting all documents to the SMS, successfully issued the passport of the citizen of Ukraine.

*Name is changed for ethical reasons.

P.S. The Legal Development Network offices are created and work with financial support of“Human Rights and Justice” Program Initiative of International Renaissance Foundation.  Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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