More recently, in the legal reception office of Ukrainian Helsinki Human Rights Union on Crimean affairs, there are more appeals related to problems in obtaining Ukrainian passports by the Crimeans. People complain that in the departments of the State Migration Service (hereinafter the SMS) in various regions of Ukraine, the Crimeans are unreasonably refused to issue passports - both domestic and foreign. Human rights activists of the UHHRU provide advice for those who were denied registration of a passport.
"A young couple with two children under the age of five went to their relatives in the Poltava region, where they turned to the SMS to issue passports for children, without which they simply would not be able to return home in the Crimea, the head of the administration said that the passports could not be issued due to impossibility to verify the authenticity of passports of parents.
A child at age 14 is refused to issue the first passport, because they cannot put the Crimean registration in the passport.
A Crimean submits documents for the production of an internal passport instead of the lost one. Documents are accepted, but the passport is not issued for three months without explanation of the reasons. Also, they do not give a written refusal to issue the passport.
Another Crimean citizen requires a certificate of employment, although he is unemployed. Without this certificate, they generally refuse to accept passport documents", they told in UHHRU.
Human rights activists point out that these cases combine incorrect application of the norms of law and incompetence of employees of the SMS of Ukraine. In addition, several official statements were made in recent days on the need for additional verification of persons who had previously received passports in the occupied territories. The reason for this is that paper archives that can confirm the validity of the previously issued passport remained in the occupied territories and they have no access to them. But this idea is realized by the fact that the bodies of the migration service require other documents certifying a person and their list is endless.
UHHRU lawyers who provide free legal aid to Crimean residents advise in such situations:
1. First and foremost - do internal and foreign passports only at the service centers of the State Migration Service. In such centers you will receive not only high-quality service under a single standard, but will also be protected from the self-management of the heads of the SMS.
Service Centers addresses available at https://pasport.org.ua/
2. Second - all citizens of Ukraine have the right to obtain an internal and foreign passports. All citizens of Ukraine have equal rights and are equal before the law, and the inhabitants of Crimea are no exception. The current legislation provides for the possibility of renewal of a passport even if the person has no other documents and data about it in electronic registers. Oral waivers without reference to the norms of the current legislation are irrelevant.
Important: Any refusal of the authorities to accept documents, issue a passport or renew it must be demanded in writing. It is also necessary to require the adoption of a package of documents for the production of a passport, if the employees of the migration service refuse to do so.
3. Finally, the issue of registration of the place of residence in the temporarily occupied territory. Indeed, the current legislation does not provide for registration by the bodies of the SMS outside the territorial-administrative unit. In the absence of the address, the possibility of registering a person at the address of the center of registration of homeless people is provided. This procedure does not work for the occupied territories. Here begins an abuse. Theoretically, the SMS cannot issue a passport without a registration address, and this gap in the legislation is all bypassed at its discretion: require certificates issued before occupation, house books, certificates of the migrant, or require parents to prescribe a child at the place of issuance of a passport to the mainland. The Cabinet of Ministers of Ukraine has been trying to overcome this gap in legislation for more than half a year, but so far it has been unsuccessful. Therefore, today this question is not regulated by the state.
Human rights activists of UHHRU recommend to collect the maximum of documents issued before March 18, 2014, confirming the place of residence. Also, it's worth knowing beforehand which rules are set in the service center or SMS where you are going to contact.
And, most importantly, in case of any violation of your rights, you can apply for free legal aid at the UHHRU reception desk for Crimea:
Reception office in Kyiv: tel. 0501402565
Reception office in Kherson: tel. and viber 0668831149
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