On the 25th day of January, 2018, Ruslan Seidametov, chief consultant of the Legal Analysis Service of the Mission of the President of Ukraine in the Autonomous Republic of Crimea took part in the round table «Ways of elimination of discrimination in the sphere of registration of birth and death of persons on the temporarily occupied territories of Ukraine» which was held by the Ministry of Temporarily Occupied Territories and Internally Displaced Persons.
A proposal of the Public Organization «Center of Legal and Political Researches «SIM» concerning solely and exclusively implementation of the administrative (extrajudicial) proceedings to confirm the facts of birth and death of persons on the occupied territories of Ukraine with the purpose of state registration of relevant civil status acts providing recognition by state bodies of Ukraine of so-called «documents» issued by the occupying «authority» was discussed during the round table.
In general this proposal was supported by the Ministry of Temporarily Occupied Territories and Internally Displaced Persons.
The Mission opposed the recognition of so-called «birth and death certificates» issued by the illegal authorities on the temporarily occupied Crimea, as such documents could be a ground to entry records of the citizens to the State Civil Register and this contradicts the Article 9 of the Law of Ukraine «On Ensuring Civil Rights and Freedoms, and the Legal Regime on the Temporarily Occupied Territory of Ukraine» and is a direct way to recognition of the Russian jurisdiction at the Crimean Peninsula.
So-called «birth and death certificates» received by the citizens from the illegal authorities are insignificant by their legal nature and considering the international jurisprudence, namely decisions of the UN International Court of Justice known as «Namibian exceptions» could be taken into account by the courts exclusively as a proof of birth and death on the territory and not as the document itself. No other use of such «documents» is impermissible, as it contradicts the existing legislation and has negative impact on the processes of de-occupation.
The position of the Mission was supported by the representatives of the Ministry of Justice of Ukraine.