Law of Ukraine
“On the Single State Demographic Register and the Documents that Confirm the Citizenship of Ukraine, Identify a Person or its Special Status”
Date of entry into force:
December 6, 2012
The Law determines the legal and organizational grounds for the creation and functioning of the Single State Demographic Register, and the issue of documents that identify a person, confirm citizenship of Ukraine or a person’s special status, as well as the rights and obligations of people in whose name such documents are issued.
According to Article 2 of the Law, the authorized entities are:
- the administrator of the Single State Demographic Register (hereinafter referred to as “Register”) – the central executive authority that, according to the procedure envisaged by laws and acts of the President of Ukraine, is charged with implementing the state policy in the spheres of migration (immigration and emigration), including counteracting illegal (unlawful) migration, citizenship, registration of natural persons, refugees and other migrant categories determined by the legislation;
- the authorized body – the central executive authority that, according to the procedure envisaged by laws and acts of the President of Ukraine, is charged with creating and ensuring implementation of state policy in the sphere of protecting the human and citizen rights and freedoms, property, interests of the public and the state, as well as in the spheres of migration (immigration and emigration), including counteracting illegal (unlawful) migration, citizenship, registration of natural persons, refugees and other migrant categories determined by the legislation;
- diplomatic institutions of Ukraine abroad;
- the executive authority, other state authority, authority of the Autonomous Republic of Crimea, body of local self-government.
Article 3 of the Law provides definitions of terms used in it.
The Single State Demographic Register is an electronic information and telecommunication system used to store, protect, process, use and distribute information about a person as defined by the Law, and information about the documents prepared using the Register’s resources, while ensuring that the freedom of movement and free choice of place of residence, non-interference in the personal and family life, and other human and citizen rights and freedoms guaranteed by the Constitution of Ukraine are upheld (Article 4 of the Law).
The main working principles of the Register are established by Article 6 of the Law.
According to Article 7 of the Law, the following information about a person is entered into the Register:
- date of birth/death;
- place of birth;
- date of entry of information into the Register;
- information about parents (foster parents), guardians, caretakers and other representatives;
- information about citizenship or lack of, and grounds for acquiring the citizenship of Ukraine;
- information about documents issued to the person (document type, name, series, number, date of issue, issuing authority, term of validity);
- information about documents that confirm the person’s death or the fact that they are declared dead or missing;
- digitally processed sample of the person’s signature;
- digitally processed image of the person’s face;
- additional variable information (place of registration, marital status, refusal to acquire a taxpayer registration number, issue of privatization papers, additional (optional) biometric data, parameters);
- information from departmental informational systems.
The guarantees for protection and safety of the Register information are established by Article 8 of the Law.
Information is entered into the Register by authorized entities, on request of the applicant, on the basis of information provided by state bodies for registration of civil status acts, bodies of registration of natural persons, and information received from executive authorities, other state authorities, authorities of the Autonomous Republic of Crimea, and bodies of local self-government (Article 10 of the Law). If information about the person is being entered into the Register for the first time, a unique Register entry number is automatically generated, storing the time, date and information about the person who prepared the application questionnaire (digitally). The Register is kept in Ukrainian. The Register keeping, as well as issue and personalization of documents are carried out according to the requirements of international standards and appropriate state standards regarding printed materials for their optical recognition. The person’s name, place of birth, residence or location are entered into the Register in Ukrainian, and in Latin letters according to the transliteration rules. By written request of a foreigner or a stateless person, the Latin version of the name can be entered according to the documents issued by the competent authorities of a foreign state. Transliteration of the names of foreigners or stateless persons in Ukrainian is done in the inverse order. Information provided for by the Law is entered into the Register in case of:
- preparation of documents, if the information has not been entered into the Register before, or if it has changed;
- registration of the place of residence or stay.
No fee is charged for entry of information into the Register. Entry of information into the Register can be refused if:
- the Law does not provide for such information to be entered;
- the applicant lacks necessary documents to support the information to be entered into the Register;
- verification of information finds it to be untrue;
- according to the law, the applicant has no right to demand entry of such information.
According to Article 13 of the Law, documents that, according to the Law, are issued with the use of the Register’s resources (hereinafter referred to as “Register Documents”) are divided into the following categories, depending on their functional purpose:
- documents that identify a person and confirm the citizenship of Ukraine: 1) the passport of a citizen of Ukraine; 2) the foreign passport of a citizen of Ukraine; 3) a diplomatic passport of Ukraine; 4) a service passport of Ukraine; 5) a seafarer’s identity card; 6) a crew member’s identity card; 7) a personal identity card for return to Ukraine; 8) temporary identity card of a citizen of Ukraine;
- documents that identify a person and confirm their special status: 1) a driver’s identity card; 2) a stateless person’s identity card for foreign travel; 3) permanent residence card; 4) temporary residence card; 5) a migrant’s card; 6) a refugee certificate; 7) a refugee’s travel document.
The form of each document is established by the Law. Depending on the content and amount of information contained in them, documents are issued as a booklet or a card, except for the personal identity card for return to Ukraine, which is issued as a booklet. Each paper page and the top part of the cover of a booklet document must bear the document series and number, done by laser perforation. Booklet documents are personalized using the laser engraving and laser perforation technologies. Card documents are personalized using the thermal printing or laser engraving technologies. Personalization of documents is done on a centralized basis, in the State Center for Personalization of Documents working as part of the Register administrator body. The digitally processed image of a person’s face in booklet documents is printed on the data page and produced using the laser engraving technology. In documents that confirm the identity and Ukrainian citizenship of a person during their crossing of the state border of Ukraine and their stay abroad, the digitally processed image of the person’s face is duplicated in the middle of the data page using the last perforation technology (Article 14 of the Law).
Article 15 of the Law establishes the requirements to document templates and their forms.
Preparation, issue, exchange, prolongation, provision, mailing, withdrawing, return to the state and destruction of documents are regulated by Article 16 of the Law.
Article 19 of the Law determines the information contained in the Register Documents.
A state fee is charged for the issue of documents (including issue of replacement for lost or stolen documents), as well as their exchange and prolongation. Abroad, these operations are subject to a consular fee, in the amount and according to the procedure determined by the legislation. State fee (consular fee) is not charged for issuing or exchanging diplomatic passports of Ukraine, service passports of Ukraine, seafarer’s identity cards, or temporary identity cards of a citizen of Ukraine (Article 20 of the Law).
Articles 21-35 of the Law establish the description of the above Register Documents.
The Law also introduces appropriate amendments to the Budget Code of Ukraine, the Laws of Ukraine “On the National and Local Referendums”, “On Printed Mass Media (Press) in Ukraine”, “On Status of People's Deputy of Ukraine”, “On the Legal Status of Foreigners and Stateless Persons”, “On Information Agencies”, “On Privatization Papers”, “On Donation of Blood and Blood Components”, “On Local Self-Government in Ukraine”, “On Publishing”, “On Licensing of Certain Types of Economic Activity”, “On Notariate”, “On Circulation of Bills of Exchange in Ukraine”, “On Bodies of Public Self-Organization”, “On Assessment of Property, Property Rights, and Professional Assessor Activity in Ukraine”, “On Ukrainian Citizenship”, “On Credit Unions”, “On Preventing and Counteracting Legalization (Laundering) of Criminal Incomes and Terrorism Financing”, “On State Registration of Legal Entities and Natural Persons – Entrepreneurs”, “On Non-State Pension Insurance”, “On Mortgage Lending, Operations with Consolidated Mortgage Debt and Mortgage Certificates”, “On Freedom of Movement and Free Choice of Place of Residence in Ukraine”, “On Cooperation”, “On Certified Warehouses and Simple and Double Warehouse Certificates”, “On Collection and Registration of the Single Contribution for Mandatory State Social Insurance”, “On Investment Activity”, “On State Registration of Civil Status Acts”, “On Mandatory State Pension Insurance” and the Decree of the Cabinet of Ministers of Ukraine “On State Duty”.