Praxis Watch

Wednesday, 20 August 2014

What are the Effects of the Amendments to the Regulations on Identity Card

The Regulations on the Amendments to the Regulations on Identity Card came into force on 20 August 2014. According to the previously applicable provision of the Regulations, when submitting the request for the issuance of ID card, the submitter had also to enclose the birth and citizenship certificates, among other documents (in case it is the first request for the issuance of ID card). However, the amendments to the Regulations provided that primary obligation of the Ministry of Interior is to establish the facts for the fulfillment of conditions for the issuance of ID cards ex officio. It means that MoI needs to have an insight into the birth, marriage, death and citizenship registries, and any other official registries, and only if it does not manage to establish necessary facts in this way, may it require from the submitter of request to deliver the birth and citizenship certificates, and any other documents proving the fulfillment of conditions for the issuance of ID card.

This amendment to the Regulations is undoubtedly a positive solution, which should facilitate the submission of requests for the issuance of ID card, exempting them also from the recent costs of obtaining birth and citizenship certificates. However, it remains to see whether or when police stations and police departments will start to act as prescribed, i.e. when the conditions, which will allow obtaining ex officio all necessary evidence and data, will be created. Moreover, almost the same provision has been contained in the Law on Identity Card since 2001, but its application has not been full and consistent.

In addition, by the latest amendments, the Regulations on Identity Card was complied with provisions of the Law on Permanent and Temporary Residence and the Law on Identity Card, and thus this bylaw contains the provision providing that ID card to citizens who have the right to an ID card and have no legal basis for the registration of permanent residence is issued on the basis of the determined temporary residence with two-year validity.

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