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The situation over the defunct more information about family, commented lawyer, partner ADCOM Law Firm Helen Vorontsova
2013-01-25
Starting from 04.01.2013, in connection with the entry into force of the amendments to the memory of "Freedom of movement and free choice of place of residence in Ukraine", as well as the order of the Interior Ministry of Ukraine of 22.11.2012 № 1077 "On approval of residency and place of residence of physical persons in Ukraine and samples of relevant documents" (hereinafter - Order number 1077), the functions pasportistov, early work in Housing organization and issue including, information about family or registered in a dwelling / house persons (people called "Form 3") have moved to the State Migration Service of Ukraine (hereinafter - HMS Ukraine).
So, address and reference territorial units of Ukraine HMS provide information on the place of residence / stay of persons in the form of certificates of registration of residence / place of stay of the person (items 8.1 and 8.8 of the Order number 1077).
In this case, the legislator has not made appropriate adjustments to the number of legal rules governing, including procedure for issuing grants, the purpose of maternity, particularly in terms of providing information on the composition of the family, which now does not exist.
Accordingly, the state authorities have no right to make such assistance without proper documents, and take it anywhere. A new document (certificate of registration of residence / place of stay of the person), which today produces HMS Ukraine does not provide a list of required documents and, accordingly, is a formality.
In this case, while the law does not align the provisions of the law to each other, one possible way to confirm, for example, the composition of the family in the design of maternity, there is a court decision, which was adopted on the basis of application of the person to establish the facts of legal significance. But in this case, one can only imagine what kind of excitement and chaos will take place not only in the courts, but also in the general population.
In connection with this, there is now, the problem Minsotspolitiki posted on its website information on the treatment to the General Directorate of Labour and Social Protection of Population of the possibility of destination, in particular, with the birth of a child by an act of viewing the living conditions of the family, with indication of the information how the account is a newborn baby.
At the same time, Having a little investigation on this matter, we found that the District Department of Labor and Social Protection of the Kyiv accept documents for registration with the birth of the child and on the basis of a new certificate of registration of residence / place of stay of the person issued by HMS Ukraine, with the only caveat that such a document should be information about the composition of the family.
In any case, such a legal collapse, correct this immediately, otherwise abuse of officials and violations of the constitutional rights of citizens can not be avoided. And about pre-emption of such situations in the future it must respond promptly legislator.
partner ADCOM Law Firm
Helen Vorontsova
2013-01-25
Starting from 04.01.2013, in connection with the entry into force of the amendments to the memory of "Freedom of movement and free choice of place of residence in Ukraine", as well as the order of the Interior Ministry of Ukraine of 22.11.2012 № 1077 "On approval of residency and place of residence of physical persons in Ukraine and samples of relevant documents" (hereinafter - Order number 1077), the functions pasportistov, early work in Housing organization and issue including, information about family or registered in a dwelling / house persons (people called "Form 3") have moved to the State Migration Service of Ukraine (hereinafter - HMS Ukraine).
So, address and reference territorial units of Ukraine HMS provide information on the place of residence / stay of persons in the form of certificates of registration of residence / place of stay of the person (items 8.1 and 8.8 of the Order number 1077).
In this case, the legislator has not made appropriate adjustments to the number of legal rules governing, including procedure for issuing grants, the purpose of maternity, particularly in terms of providing information on the composition of the family, which now does not exist.
Accordingly, the state authorities have no right to make such assistance without proper documents, and take it anywhere. A new document (certificate of registration of residence / place of stay of the person), which today produces HMS Ukraine does not provide a list of required documents and, accordingly, is a formality.
In this case, while the law does not align the provisions of the law to each other, one possible way to confirm, for example, the composition of the family in the design of maternity, there is a court decision, which was adopted on the basis of application of the person to establish the facts of legal significance. But in this case, one can only imagine what kind of excitement and chaos will take place not only in the courts, but also in the general population.
In connection with this, there is now, the problem Minsotspolitiki posted on its website information on the treatment to the General Directorate of Labour and Social Protection of Population of the possibility of destination, in particular, with the birth of a child by an act of viewing the living conditions of the family, with indication of the information how the account is a newborn baby.
At the same time, Having a little investigation on this matter, we found that the District Department of Labor and Social Protection of the Kyiv accept documents for registration with the birth of the child and on the basis of a new certificate of registration of residence / place of stay of the person issued by HMS Ukraine, with the only caveat that such a document should be information about the composition of the family.
In any case, such a legal collapse, correct this immediately, otherwise abuse of officials and violations of the constitutional rights of citizens can not be avoided. And about pre-emption of such situations in the future it must respond promptly legislator.
partner ADCOM Law Firm
Helen Vorontsova