How can we legally correct the incorrectly registered surnames of my wife and I?

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The issue is that when we issued a document from the National Register of Citizens in 1994 in the Luhansk region, we were troubled by the marriage certificate. The surnames there are twisted into mine and my wife's.

Constantly, when we come across any processes related to working with documents (international passport, exchange of a passport-booklet for a plastic one, etc.), we hear that something needs to be done about the fact that we are entered in the databases somehow incorrectly because of this marriage certificate. It would seem that after him all the documents are already correct, the last name is the same for our entire family, but when we received plastic a few years ago, they did not want to serve us again, something was not recorded in the database about our relationship.

That part of Luhansk region is currently under occupation and we have not been able to take an extract since 2014, of course. Plus, we still don't really understand what we need to collect and which authorities to apply to, in our local RATS they only advise us to go to court, there - to a lawyer, the one who listened to us - sends us to the RATS...

Currently, such a discrepancy can become a problem if the wife needs to re-register some property or inheritance for herself... We decided to ask on your website.

16.11.2023 16:37 435

Answers

Photo of lorina200215 Lorina Fedan

According to the legislation, the only way to correct errors in the marriage certificate is to apply to the department of state registration of civil status acts at the place of residence or stay.

In accordance with Clause 14 of Chapter 1 of Year II of the Rules of State Registration of Civil Status Acts in Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 18.10.2000 No. 52/5, (as amended by the Order of the Ministry of Justice of Ukraine dated 26.02.2022 No. 606/5) , in the event of the introduction of martial law in Ukraine or in some of its localities in accordance with the Law of Ukraine "On the Legal Regime of Martial Law", an application for amendments shall be submitted to any department of state registration of civil status acts at the place of application of the applicant.

Together with the application for changes to the act record of civil status, the applicant submits: certificates of state registration of acts of civil status, which indicate incorrect, incomplete information or information that is subject to change; other documents necessary for considering the application and solving the issue on the merits.

On the basis of the collected documents and the results of the inspection, the department of state registration of civil status acts makes a substantiated conclusion about making changes to the act record (or several act records) of civil status or about refusing to make changes.

In the event of a refusal to make changes to the act record of civil status, the reasons for the refusal must be clearly stated in the conclusion and the possibility of its appeal in court should be indicated. In such a case, the basis for making changes to the act records is a court decision, which specifies exactly what changes need to be made to the act record of civil status.

After making changes to the act record, where an error is found, the applicant is re-issued the appropriate certificate.

16.11.2023 17:16

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