The Government submitted to Parliament a draft law “On the Person’s Identification Documents and Certifying the Ukraine’s Nationality”. The document should be a significant step forward to the Ukrainian legislative field, but this draft law requires amendments, because it doesn’t take into account any necessary changes. We draw your attention to the recommendations, published by “Europe without Barriers” before the introduction of this draft law. They are still remain relevant.
This draft law is a considerable move forward but needs finalising. In particular it lacks a clear definition of the format of the Ukrainian citizen’s ID, and the reformation of the Child Travel Document and Driving License are not settled.
The draft law "Onthe Person’s Identification Documents and Certifying the Ukraine’s Nationality" is available here (in Ukrainian language only)
RECOMMENDATIONS
Legal framework:
The most optimal instrument for normative and legal regulation of the document security issues is the adoption of the specific relevant Law of Ukraine “On Identity Documents” that would clearly define:
• All main types of identity documents
• Terms and conditions for their issuance
• Production procedure
• Agents who are allowed to be involved into production, storage and
distribution of identity documents
• Conditions and procedures of document validity termination
The experience of Serbia is worth mentioning, as in 2007 the country approved the law “On travel documents”. The law entered into force on October 9th of the same year and it was declared as corresponding to the relevant European standards; it took into account the recommendations given by the Council of Europe and the EU.
The principal innovations for Ukraine developed in this law should include:
Defining the clear list of the documents that can be officially used to identify the person and the cases when such identification is needed. Maximum integration of the documents for “internal” and “international” usage. Ending the practice of having “parallel” standards of internal and international passports, driver’s licenses, etc.
Introduction of legal basis in order to issue the documents with biometric data (we speak about not only the passport to travel abroad, but also about the plastic ID card with biometric data, driver’s license and other documents).
This law should amend the Law of Ukraine “On Protection of Personal Data” in the part relating to creation of adequate condition for collection, storage and application of biometric data in order to produce identity documents.
Ukrainian legislation should incorporate recommendations and directives of the European Union from 2004 and 2006 regulating the content and protection of the passport and electronic chip including biometric information: digital face photo and finger prints as well as technical characteristics of the electronic chip: its structure, type, content of the information, its compatibility with relevant information reading equipment and software.
It is important to approve the Law on National Registry of the Citizens and take the measures in order to actually create such registry in the form of electronic database including the full list of persons who are in possession of the document confirming the identity of the citizen of Ukraine (at this stage — the so-called “internal passport”), when and where the passport in order to travel abroad was issued; children under the age of 16 who received their birth certificates in Ukraine as well as the list of foreigners having permanent residence permit in Ukraine.
Passport of the citizen of Ukraine:
The existence of the two parallel passport systems (internal and International passports) is the rudiment of the totalitarian system and it should be abandoned. Ukraine has to abandon the current standard of internal passports and introduce plastic identity card of the citizen of Ukraine containing the electronic information storage device.
The government should take measures in order to supress the public scandal setting around the issue the passport issuance in order to travel abroad and remove the reasons causing suspicion of corruption in this area. The role of state should be intensified and the impact of commercial interests in this issue should be decreased.
Public procurement tender on new passport type production services contaning biometric data should be carried out in a transparent way, its conditions should be not specified in order to match the exclusive contractor. Ordering relevant services without organizing the tender is not acceptable as it entails mistrust in the whole state system of personal document issuance.
The state needs to make and announce the decision that the passports of 1994 (with the affixed photograph) issued over the last years will be taken out of circulation before the stipulated 10 years of their validity (it is desirable to do this over the next three years) and exchanged free of charge (or at a considerable discount price) for the passports of the new type.
Travel document for a child:
The same technological principles as in the case of the passport of the citizen of Ukraine in order to travel abroad should be applied in the production of the travel document for a child (polycarbonate page, integrated digital photo, electronic data storage device, modern protection instruments).
Driver’s license:
The transition to the integrated driver’s license (for internal and international usage) valid for 10 years should be made. The current validity period for 50 ears is unjustifiably lengthy in the case of identity document.
Such license should look like a plastic card with integrated photo and electronic data storage device, fully written in Ukrainian and English languages.
Full text of publication you can find on:
