Work with authorities (obtaining documents related to military service, civil status acts, etc.) 

11.07.2022

 

According to the Decree of the President of Ukraine No. 69/2022 dated 24 February 2022 "On General Mobilization", local executive bodies in cooperation with territorial centers of staffing and social support (the “CSCC”) have been mandated to organize and ensure timely notification and arrival of citizens who are called up for military service at assembly points and military units according to the established procedure. All conscripts were ordered to appear at the time and address specified in their mobilization orders, personal summons or orders (directives) of the territorial CSCC, and shall carry with them the documents and personal belongings specified in the mobilization orders and personal summons. The documents required are as follows: 

  • Passport and other identity documents 

  • Marriage certificate 

  • Certificate on absence of criminal record 

  • Certificates issued by a narcologist and a psychologist; 

  • A set of documents on the passage of the medical commission. 

 

What if the conscript does not have all of the above-mentioned documents, inter alia, he has no certificate of no criminal record or no health certificates? The absence of a complete set of documents is not an obstacle. In practice, the only documents required are a military ID, a service track record card, a mobilization order and identity documents (i.e., passport and identification code) (see, for example, here). Relevant regulations on the operation of the CSCC stipulate that the CSCC can apply independently for information on whether conscripts were under criminal prosecution, whether there is a criminal record, as well as facilitate the organization by conscription commissions of medical check-ups, examinations and treatments of conscripts. 

As to the marriage certificate, if the conscript is legally married we recommend to provide at least a copy of it. The fact of being legally married will be important, for example, for financial support of a serviceman and the benefits provided to his spouse (see the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families"). 

The Ministry of Justice of Ukraine informed that the departments of state registration of acts of civil status operate in a regular mode during the period of martial law in Ukraine, except in the cities / districts where there is no such possibility due to active hostilities. 

Most services are available extraterritorially and in an accelerated format. In particular: 

  • State registration of civil status acts is carried out by any body of state registration of acts of civil status at the request of the applicant: 

  • birth - regardless of the place of birth of the newborn child or the place of residence of his/her parents. The child's birth may be registered on the basis of the  paper Medical Birth Certificate (Form No.103/o) or, if it is impossible to issue one, the certificate of any form, without an affixed seal, issued by a medical officer. Should this be the second option, the certificate must contain the following information:

 

1) the name of the medical service provider;

2) the surname, first name and patronymic (if any) of the medical officer;

3) the surname, first name and patronymic (if any) of the woman who gave birth to the child;

4) the date of birth (date, month, year) and sex of the newborn;

5) the name of the settlement where the certificate was issued;

6) the place where the child was born (according to the information provided by the woman who gave birth to the child, if the place where the birth certificate was issued does not coincide with the actual place of birth);

7) the signature of the medical officer;

8) the date when the birth certificate was issued.

  • death - regardless of the place of death or place of residence of the deceased  (the principle of extraterritoriality). If a person dies when on their way (in a train, vessel, plane etc.), the state registration of their death may be carried out in the nearest state civil registration office.

 

Moreover, during the martial law period, the state registration of death is carried out on the application day by any state civil registration office by virtue of the document certifying the death, made in the prescribed form and issued by a healthcare institution or forensic medicine institution.

The registrar issues to the applicant the certificate of the state registration of death which certifies the fact of the state registration of death, made by virtue of the death registration record, in electronic form and on paper, as well as the Excerpt from the State the Register of Official Records of Births, Deaths and Marriages certifying the death for the purposes of receiving the funeral allowance.

  • On March 7, 2022, the Cabinet of Ministers of Ukraine approved Resolution № 213 "Certain issues of state registration of marriage under martial law" which simplifies marriages with servicemen. A marriage with a serviceman (or a person equated to them, such as a police officer) may be also formalized if a bride / groom or both of them are absent. It may be done with the help of available video communication means used to contact the absent bride / groom or both of them. The marriage can be registered on the day when a respective application is filed. 

  • At the same time, amendments to civil status records can be carried out only at the place of storage of the first copy of the relevant record, and duplicates of certificates of state registration of civil status acts can only be issued at the place of storage of the relevant record. 

  • Extracts from the State Register of Civil Status Acts are not being issued due to temporary lack of access to it. Instead, in order to confirm the grounds for recording information about the father, an information certificate can be issued confirming the state registration of birth in accordance with Article 135 of the Family Code of Ukraine. 

  • The state duty for the state registration of civil status acts and for the issuance of duplicates of certificates of state registration of civil status acts, as well as certificates in connection with the change and renewal of civil status records is temporarily not charged. 

  • Paid services are temporarily not provided. 

 

Among other important novelties is the introduction of the Commissioner for Missing Persons in Special Circumstances. The relevant draft Law on Amendments to the Law of Ukraine “On the Legal Status of Missing Persons” №7244 was adopted by the Parliament on April 14, 2022. The law provides for the operation of a register of such persons, clarification of their legal status, registration and search, as well as social protection of their close relatives and family members. 

Sources:  

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Partner, Head of Corporate and M&A, Employment, Compliance