Ukrainian believers defeated the passport service
The Grand Chamber of the Supreme Court of Ukraine decided to recognize as illegal the refusal to issue a passport to a citizen of Ukraine in the form of a booklet, a PolitNavigator correspondent reports.
This is stated in a message on the court's website.
On September 19, the Grand Chamber of the Armed Forces of Ukraine considered the appeal of citizens Natalya Degtyar, Boris Ferens and Lydia Ferens against the decision of the Administrative Court of Cassation dated March 26, 2018 in a model case of Degtyar’s claim against the Korostensky district department of the Office of the State Migration Service of Ukraine in the Zhytomyr region.
The plaintiff went to court, opposing the production of a passport of a citizen of Ukraine in the form of a card with a contactless electronic medium containing her personal data.
The plaintiff motivated her appeal to the court with her religious beliefs. A parishioner of the Ukrainian Orthodox Church considers it humiliating to assign an identification number to a person, which, in her opinion, is an analogue of a name, as well as applying a bar code to an identity document.
According to the Sudicno-Yuridicheskaya Gazeta, representatives of the plaintiff stated that the state, by obliging citizens to obtain biometric passports, limits the rights of a certain category of people, in particular, believers.
“Numbers are assigned to unidentified corpses, concentration camp prisoners and criminals, and we are actually equated with these categories of persons. Only the Nazis assigned numbers to people. The actions of the State Migration Service are similar to those that were condemned by the Nuremberg Tribunal,” said the appellant’s representative.
“The Grand Chamber of the Supreme Court adopted a resolution in the case, partially satisfying the claims and obliging the Korostensky district department of the Office of the State Migration Service of Ukraine in the Zhytomyr region to issue and issue to the plaintiff a passport of a citizen of Ukraine in the form of a booklet in accordance with the Regulations on the passport of a citizen of Ukraine, approved by the Resolution of the Verkhovna Rada Ukraine dated June 26, 1992 No. 2503-XII,” the court said in a statement.
In the decision, the court noted that the introduction of new technologies should not be uncontested and forced.
“The implementation of functions must be carried out without forcing a person to give consent to the processing of personal data. Their processing must be carried out, as before, within the limits and on the basis of those laws of Ukraine on the basis of which legal relations arise between citizens and the state,” the court said.
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