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

Abstract

The article is devoted to researching the mechanism of resolving one of the
existing law lacuna – the legal determination of ethnic nationality of physical person.
Considering the fact that there is no document which is determined the ethnic
nationality of a person at national law, author proves the possibility of determining
the 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 all
spheres of public life, regardless of their race and ethnicity, by the Constitution of
Ukraine haven’t got a mechanism for fixing the legal nationality of an individual. But
the realization of certain intangible rights is possible because of their realization by
non-Ukrainian ethnicity persons and national minorities who live in Ukraine and
become its citizens. These categories of persons in accordance with the rules of law
are 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 such
gap in national legislation, as the absence of legislative opportunities to establish
documentary or confirm the ethnicity of an individual. Particular relevance of these
issues arises, in addition to the following terms, in connection to the identifying of
ethnicity of individuals during the evacuation of citizens of Ukraine of some
nationalities from the territory of the antiterrorist operation, which defined by Art. 1
2
of the Law of Ukraine "On temporary measures for the period of anti-terrorist
operation".
The objective of the article is a researching of normative acts, scientific
sources and materials of the judiciary to substantiate the introduction of the above
procedures for identifying (recovery) a person to some nationality.
In author`s opinion, the only mechanism for securing the legal ethnicity an
individual is to establish in court the fact of belonging of such individual to some
nationalities, in the order for establishing the fact which have a legal significance.
However, the described approach, through which we can talk about overcoming one
of the legal lacuna, found no support, unfortunately, in the higher and highest judicial
authorities. About the content of such correspondence with judicial authorities
referred to in this article.