of opinions by these ministries, in which they explained to the first-instance bodies how they
should act in such situations, i.e. that decisions on subsequent registration must include the
name and surname of the submitter of request13 and that in cases of subsequent birth
registration for the persons who had acquired citizenship by descent, the registration of the
fact of citizenship should be performed at the time of birth registration.14
Shortly after that, on several more occasions it happened that the decision on subsequent birth
registration did not contain the personal name, but then Praxis did not have such cases for a
while. However, this year again on three occasions the authorities issued decisions without
entered personal name. On the other hand, in 2016 Praxis did not have cases where registrars
failed to register the fact of citizenship at the time of executing the decision on subsequent
birth registration in cases where there was a legal basis for such registration.
DETERMINATION OF PERSONAL NAME: This procedure should be conducted for the
persons who were born in hospital, but whose parents did not determine their personal name
before the registrar within 30 days of birth. In almost all cases the reason for that is the fact
that mother did not possess personal documents, due to which they were unable to determine
names to their children. These procedures are conducted before social welfare centres15.
Most problems that previously burdened the procedures of personal name determination
mainly did not repeat in 2016. Thus, it stopped happening or happened very rarely that social
welfare centres refused to conduct procedures in cases in which mothers did not possess an ID
card or in the situations where the name of the person older than 18 had to be determined. We
should recall that in such situations many social welfare centres had refused to issue decisions
on personal name determination until the end of 2014, when the Ministry of Labour,
Employment, Veteran and Social Affairs16 issued the Instruction to social welfare centres
explaining that they were obliged to conduct procedures also in such cases. Even for months
after the issuance of this Instruction, a significant number of social welfare centres initially
had refused to act until the Praxis lawyers intervened pointing to the content of the
Instruction, whose existence was unknown to most officials. Taking into consideration that it
has not happened lately that social welfare centres refuse to conduct procedures in such cases,
we should hope that now the practice has been established in this respect.
However, this year a new problem has been identified in several cases. In fact, social welfare
centres conduct procedures of personal name determination only after receiving a birth
certificate and/or notification of the need to conduct such a procedure from the registry office
13
Opinion of the Ministry of Public Administration and Local Self-Government on the implementation of the
provisions of the Law on Registry Books and by-laws passed under this Law, which regulate the procedure of
subsequent birth registration no. 011-00-234/2014-10 of 21 October 2014
14
Opinion of the Ministry of Interior; Praxis did not have a direct insight into the original copy of Opinion, but
was informed about its content on the basis of the MoI’s letter sent to the Ministry of Public Administration and
Local Self-Government, in which the Opinion is cited. Hence, we do not know the number and date of the
Opinion. Praxis, as a member of the Technical Group (a working body of the Management Board, established on
the basis of the Agreement of Understanding concluded in 2012 between the Ministry for Human and Minority
Rights, Public Administration and Local Self-government, the Ombudsman and the United Nations High
Commissioner for Refugees - Representative Office in Serbia, with the task to monitor, implement and
coordinate the activities relating to subsequent birth registration) was acquainted with the content of the Opinion
on 28 May 2015.
15
Article 54 of the Law on Registry Books and Article 344, paragraph 4 of the Law on Family, Official Gazette
of RS, nos. 18/2005, 72/2011 – as amended and 6/2015
16
Instruction of the Ministry of Labour, Employment, Veteran and Social Affairs no. 551-00-00051/2014-14 of
10 December 2015
10
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