The possibility of identification of ethnic nationality of individual in civil proceeding Cover Image

Про можливість визначення національності фізичної особи у порядку цивільного судочинства
The possibility of identification of ethnic nationality of individual in civil proceeding

Author(s): K. Gusarov
Subject(s): Constitutional Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: ethnic nationality of physical person; a separate trial procedure of civil process; facts of legal significance

Summary/Abstract: The article is devoted to researching the mechanism of resolving one of theexisting law lacuna – the legal determination of ethnic nationality of physical person.Considering the fact that there is no document which is determined the ethnicnationality of a person at national law, author proves the possibility of determiningthe ethnic nationality of physical person under a separate procedure of civil process.It is noted that the guaranteeing the equality of citizens of the state in allspheres of public life, regardless of their race and ethnicity, by the Constitution ofUkraine haven’t got a mechanism for fixing the legal nationality of an individual. Butthe realization of certain intangible rights is possible because of their realization bynon-Ukrainian ethnicity persons and national minorities who live in Ukraine andbecome its citizens. These categories of persons in accordance with the rules of laware given below, have a number of specific rights. Thus, in accordance with p. 2 st.300 of Civil Code of Ukraine, the individual has the right to preserve ethnic, cultural,religious and linguistic identity.Actuality of article lies in substantiation of a mechanism to overcome suchgap in national legislation, as the absence of legislative opportunities to establishdocumentary or confirm the ethnicity of an individual. Particular relevance of theseissues arises, in addition to the following terms, in connection to the identifying ofethnicity of individuals during the evacuation of citizens of Ukraine of somenationalities from the territory of the antiterrorist operation, which defined by Art. 12of the Law of Ukraine "On temporary measures for the period of anti-terroristoperation".The objective of the article is a researching of normative acts, scientificsources and materials of the judiciary to substantiate the introduction of the aboveprocedures for identifying (recovery) a person to some nationality.In author`s opinion, the only mechanism for securing the legal ethnicity anindividual is to establish in court the fact of belonging of such individual to somenationalities, in the order for establishing the fact which have a legal significance.However, the described approach, through which we can talk about overcoming oneof the legal lacuna, found no support, unfortunately, in the higher and highest judicialauthorities. About the content of such correspondence with judicial authoritiesreferred to in this article.

  • Issue Year: 1/2015
  • Issue No: 07
  • Page Range: 6-6
  • Page Count: 10
  • Language: Ukrainian