En Ru Ua

04.07.2017

Children from temporarily occupied territories of Ukraine receive Ukrainian passports without registration

Residents of the temporarily occupied territories of the Lugansk, Donetsk regions and Crimea, as well as temporarily displaced persons when issuing passports, if they are not in the register of voters, the migration service employees do not enter the place of registration of their permanent residence in the passport data. This problem is most often faced by Ukrainians aged 14-16, who for the first time receive passports of Ukrainian citizenship.

The Crimean human rights group was approached by a Crimean woman. Her fourteen-year-old son was born in Crimea and in 2014, after the beginning of Crimea’s occupation by Russia left to Kiev with his parents, where the family lives in a rented apartment. Parents are registered in Crimea. The teenager applied for an “internal” passport. But the migration service refused to include in its passport details the place of registration.

“The absence of a residence registration in the passport not only discriminates underage of Ukraine who have left or stayed in the temporarily occupied territory, but may become an obstacle to their rights (the right to education, free medical care, use of banking services, etc.). ), – explains the expert of the Crimean human rights group, lawyer Yuri Grishin.

The State Migration Service of Ukraine in response to the official request of the CHRG reports that certificates issued by illegally created authorities in the temporarily occupied territory are not recognized in Ukraine. In this situation, according to the DMSU, for entering information about the place of residence in the passport of a citizen of Ukraine, information from the State Voter Register is required, which can be used to record such information in the passport on the basis of Part 3 of Article 6 of the Law “On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory”.

“In the absence of such information, it is not possible to register residence in the temporarily occupied territory of Ukraine in accordance with the legislation of Ukraine,” the migration service said. But there can be no information about 14-16-year-old Ukrainians in the register of voters, since citizens of Ukraine can vote only from the age of 18.

“This position of the DMSE contradicts not only the current legislation of Ukraine, but also international law regulating the regime of military occupation,” Yury Grishin said.

Analysis of the Ukrainian legislation shows that the migration service bodies have the opportunity to register the place of residence of citizens from the occupied territories, but refuse to do so.

For example, when registering a passport of a citizen of Ukraine the territorial bodies of the migration service of Ukraine in such situations can carry out simultaneous registration of a residence of the presence of an appropriate application and on the basis of data on the registration of parents that are contained in the passport and coincide with the information stated in the certificates issued by the occupation authorities of Crimea. With such registration of a place of residence, authorities can take into account already established practice in Ukraine of establishing the fact of birth or death in temporarily occupied territory by courts.   

Crimean human rights group sued the State Migration Service of Ukraine in the interests of Crimean residents, who receive a passport of a citizen of Ukraine for the first time, but their passport details do not include the place of registration of permanent residence.

The District Administrative Court of Kiev opened proceedings on the case of the Crimean Human Rights Group to the State Migration Service of Ukraine on recognizing as illegal the actions of not filing passport data of Ukrainian citizens who receive a passport for the first time information about the place of registration of permanent residence in the temporarily occupied territory.

News

31.07.2017

Crimean citizens are recruited into the Russian army in violation of the Geneva Convention on the Protection of Civilian Persons in Time of WarOn 30 July, 2017 another action was held in Sevastopol calling to serve under the contract in the Russian army. The citizens of Sevastopol again were recruited for military service. At the so-called “point of selection for military service on a contract basis” they distributed booklets with agitation to serve in separate coastal defence brigade 126 and in landing ships brigade 197 of the Black Sea Fleet of the Russian Federation. Agitation was held in Sevastopol during the celebration of the day of the Navy on Nakhimov Square. According to the Crimea.Realii website, an exhibition of land military equipment was held on the same square; The exhibition included: a mobile coastal anti-ship missile system “Bastion” with a unified homing missile “Yakhont”, a mobile command and staff radio station, a floating wheeled armoured personnel carrier, an anti-aircraft missile system S-300 “Favorit” for the destruction of modern and prospective aircraft, a 122 mm missile-antiaircraft complex Grad, a multiple launch rocket system “Uragan”, an anti-aircraft missile system “Pantsir”, an air defence missile system “Osa”, a charging car, a self-propelled artillery “Gvozdika”. According to Russian media, the occupation authorities held a naval parade in the city, where military a demonstration fire was organized. The event began with the entrance of the three-masted sailing frigate “Khersones” to the Sevastopol Bay, at which students of the Ukrainian University (Kerch State Maritime Technological University) earlier had a maritime practice. According to local and Russian media, the training ship “Perekop”, missile cruiser “Moscow” and the diesel-electric submarine “Stary Oskol”, as well as the naval aviation Ka-27 helicopters and Su-30SM fighters, also took part in the military parade. Such actions of the Russian Federation in the territory of Ukraine, which was occupied by it, grossly violate international humanitarian law and are prohibited by international conventions. The Crimean Human Rights Group (CHRG) earlier recorded the holding of similar agitation events for military service in the Russian army in the occupied peninsula. We remind you that Article 51 of the Geneva Convention on the Protection of Civilian Persons in Time of War explicitly prohibits the invocation of an occupying power in the occupied territory. The head of the CHRG, Olga Skrypnik, noted that among other things the Convention prohibits propaganda of the military conscription in the occupied territories, including all the advertising posters, various “patriotic” events in schools and universities where people are called to go to the Russian army. Both contractual and regular service are under the ban. Photos of the mobile point of military drafting and promotional booklets were made on 30 July in Sevastopol.

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