“… Everyone has the right to freely assemble,
use and disseminate information orally,
in writing or in any other way – of your choice.”
Article 34 of the Constitution of Ukraine.
Solution: To work, you only need an application and an identity document.
Ground: Law of Ukraine on the National Archival Fund and Archival Institutions
Citizens of Ukraine have the right to use the documents of the National Archival Fund or their copies on the basis of a personal application and an identity document. Persons who use documents of the National Archival Fund on official assignment submit a document confirming their authority.
It is forbidden to require users to provide documents that are not provided for by this Law.
Foreign citizens and stateless persons who are legally in Ukraine enjoy the same access rights to documents of the National Archival Fund, and also have the same duties as Ukrainian citizens.
The user shall be notified in writing about the denial of access to the documents of the National Archival Fund in writing, indicating the full grounds for the refusal.
Solution: Documents that are older than 75 years are stored in archives. These documents are not subject to the law on the protection of personal data.
Ground: Law of Ukraine on the National Archival Fund and Archival Institutions
Access to documents of the National Archival Fund containing confidential information about the person, as well as pose a threat to the life or inviolability of citizens’ homes, is limited to 75 years from the time these documents were created, unless otherwise provided by law.
Solution: Require a written response – Refusal indicating a specific document. After a year, request this document for issuance.
Ground: Law of Ukraine on the National Archival Fund and Archival Institutions
Archival institutions have the right to restrict access to documents of the National Archival Fund owned by the state and territorial communities for a period of up to one year in connection with their scientific and technical processing, verification of availability and condition, or restoration. In the case of a large amount of these works, the limitation period may be extended with the permission of the central executive authority that implements the state policy in the field of archiving and office work, but not more than one year.
Solution: Illegal actions. You have the right to make copies.
To make, including by technical means, or to obtain copies of documents and extracts from archival institutions if this does not threaten the state of documents and does not affect copyright and related rights, and also require that these copies or excerpts be certified by the archival institution.
It is forbidden to demand direct or indirect payment for the self-production of copies of documents by the user.
Solution: Unreasonable. You do not apply for an additional service, but use your own right to make copies.
To make, including by technical means, or to obtain copies of documents and extracts from archival institutions if this does not threaten the state of documents and does not affect copyright and related rights, and also require that these copies or excerpts be certified by the archival institution.
It is forbidden to demand direct or indirect payment for the self-production of copies of documents by the user.
Article No. 29 of the Commercial Code “Abuse of a monopoly position in the market”
The article above examined cases with genealogy researchers in the reading room.
Solution: The request must be worked out within a period not exceeding one month.
The terms and method of making copies are determined by the archive management in agreement with the customer, taking into account the availability of appropriate technical means and the status of the NAF documents, but cannot exceed one month.
Of course, this is not all the information that can help you, but the main one. For convenience, you can print so that you can use it on occasion.
Good luck in finding.