Praxis Watch

Wednesday, 25 September 2013

Unequal Court Practice in the Procedures for Determination of Time and Place of Birth

The practice of courts proceeding in non-contentious procedures for determination of time and place of birth of legally invisible persons is considerably unequal. Thus, some courts proceeded upon joint motions of the parties who share the same parents, witnesses and/or evidence, while others refused to do so. Specifically, the latter requested the parties to withdraw the motions and that each party then file a new, separate motion. This has lead to conducting several procedures for brothers and sisters and to hearing the same witnesses on several occasions.

Furthermore, one should not neglect the fact that in some cases it takes more than 4 months from the moment of bringing a court decision on determination of time and place of birth to the registration into birth registry book and issuance of a birth certificate. This is because courts are late in delivering to the competent registrar the court decision on determination of time and place of birth or sometimes they even omit to do so.

Judges’ errors in the court decisions on determination of time and place of birth also have influence on the length of the procedures. These mostly refer to wrongly entered data about parents, about the competent registry office or marital status of parents. It often happens that after the registration in birth registry book it is necessary to correct or enter additional data in the birth registries because either no data on the parents, apart from name and last name was registered (in one case only mother’s first name was registered) or the registered data about the parents were wrong. Only after the correction of these data can the parties initiate procedures for acquisition of citizenship.

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Praxis means action
Praxis means action
Praxis means action
Praxis means action