Wydawanie odpisów aktów stanu cywilnego i zaświadczeń z ksiąg stanu cywilnego. Uwagi de lege lata i de lege ferenda

Abstrakt

The first procedure of registration of personal status is done in the form of a certificate of personal status, which from the legal point of view can function as a full or abridged copy. The system of registration with the Office is founded on several principles, including the one of limited access to the files and certificates of personal status. Limited access to the information contained in the files is due to the adoption of this principle.

Limited access to vital records on the one hand duly guarantees access to data only for subjects who are specified in Law on Vital Records. Additionally, Art. 83, par. 2 imposes a requirement that the party applying for a copy of a legal status certificate demonstrate a legal interest, which on the other hand rules out unauthorised subjects from retrieving information from vital records.

The article focuses on the issuance of copies of vital records and certificates based on entries made into records of personal status, or lack thereof. Art. 83, par. 1-2 of the law of 29 September 1986 is crucial. This is Law on Vital Records (the uniform text published in Journal of Laws 2004, no. 161, item 1688), which specifies subjects that are entitled to receive copies and certificates based on vital records. Article 83 of Law on Vital Records is key for the discussed issue. It divides the subjects that are entitled to receive a copy or certificate into those who do not need to demonstrate a legal interest and those who are not obliged to do so.

The persons enumerated in Art. 83, par. 1 of Law on Vital Records are not obliged to justify the reasons for their application. The very fact of being enumerated in the article is sufficient to give those persons an entitlement to obtain a copy or certificate. The norm found in Art. 83, par. 2 also provides legal basis for giving other persons an entitlement to obtain a copy or certificate as it uses a somewhat indefinite expression that states that the applicant demonstrate a legal interest in receiving a copy or certificate.

The bodies that use this provision should independently determine whether the applying party can demonstrate its legal interest in the above.

With relation to Art. 83, par. 2, no attempt to define legal interest in obtaining information from Vital Records has been made. While interpreting this provision, one can make use of rich judicature and literature concerning the above term on the basis of Article 28 of Code of Administrative Procedure. It must be emphasised that here one deals with legal interest in obtaining a copy of a certificate of personal status with due regard for basic rules governing the registration of personal status.