Wanted to become German instead of Russian: man sued to change documents for 1980
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A resident of Khmelnytskyi tried through the court to change his nationality in marriage documents for 1980. At first, the lawsuit was settled in the city court, but the Khmelnytskyi Court of Appeal overturned their decision, the press service reports. The man appealed to the local court and submitted a request to amend the marriage documents. In the “nationality” column, instead of “Russian”, the resident of Khmelnytskyi asked to write “German”. He attached the relevant documents, referring to the fact that his dad was German. Photo: zolnierek/Depositphotos “The man noted on the documents he submitted to the application: the birth certificate, where the nationality of his father is “German” (his mother is “Russian”), copies of his and his father’s military tickets, where the nationality is “German” . This, in the opinion of the plaintiff, is sufficient for making changes to the legal record of marriage,” the appeals court noted. The city and regional court agreed and obliged the DRATSS department to correct the nationality of the groom from “Russian” to “German” in the marriage registration certificate. The judge’s decision was based on Article 11 of the Law of Ukraine “On National Minorities”. It states that citizens of Ukraine have the right to freely choose and restore their nationality. However, DRATSS disagreed with the court’s decision and filed an appeal. They explained this by the fact that the documents have contradictory information, and there is no direct evidence. In addition, the column “nationality” was filled in according to his Soviet passport, where there were no errors at the time of marriage registration. According to this document, a resident of Khmelnytskyi is a “Russian”. Therefore, the appeals court did not find grounds for changes in the 43-year-old documents. The panel of judges of the court of appeals in the city of Khmelnytskyi explained that the issue of changing nationality was regulated by the Decree of the President of Ukraine dated December 31, 1991 No. 24 “On the procedure for changing nationality by citizens of Ukraine”. However, it expired in 1999. Currently, the legislation does not provide for the column “nationality” in civil status documents (birth or marriage certificates). “This ensures the equality of all, regardless of nationality or ethnic origin, as well as the right of a person to freely choose and restore nationality, as provided for in Article 11 of the Law of Ukraine On National Minorities in Ukraine,” the appeals court added. Read also: A gay couple won a court case against Ukraine: the state will pay them 5,000 euros each for discrimination
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