Can Administrative Services Be Denied Due to Discrepancies in Electronic Registers: What the Law Says

Digitalization of public services has significantly simplified the interaction between citizens and the state. Today, most certificates, extracts, and information are obtained by officials through electronic interaction between state registers, and applicants increasingly rarely need to collect paper documents. At the same time, digital databases often become a source of new problems. Due to different spellings of surnames, outdated addresses, technical errors, or untimely updated information, a state authority may refuse to provide an administrative service.

A natural question arises: is such a refusal lawful if the reason lies not in the actions of the citizen but in inconsistencies between state registers?

Are discrepancies in state registers a lawful ground for refusal?

The answer to this question is primarily found in Article 19 of the Constitution of Ukraine, which establishes one of the basic principles of the activities of state authorities: officials may act only on the basis, within the powers, and in the manner defined by the Constitution and laws of Ukraine. Therefore, a state authority cannot refuse a person solely because there are discrepancies between electronic databases if the law does not explicitly provide for such a ground.

Moreover, Article 4 of the Law of Ukraine "On Administrative Services" defines the main principles of providing administrative services. Among them are legality, accessibility, equality of applicants before the law, openness of the procedure, and protection of the rights of individuals and legal entities. This means that the administrative procedure should be aimed at realizing a person's rights, not creating additional bureaucratic obstacles.

The state has no right to require information it already possesses

One of the key guarantees for applicants is the provision of Article 9 of the Law of Ukraine "On Administrative Services." The norm explicitly prohibits the subject providing the administrative service from requiring a person to submit documents or information already held by state authorities, local self-government bodies, or contained in state information systems and registers.

"The subject providing the administrative service may not require from the applicant documents or information that are in the possession of the subject providing the administrative service or in the possession of state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, enterprises, institutions, or organizations under their management," the document states.

In other words, if the necessary information is already held by the state, the state authority itself must obtain it through electronic interaction between information resources.

Additionally, Article 10 of the Law "On Administrative Services" imposes on the administrative authority the obligation to independently obtain the necessary information through state registers. The law does not allow shifting this obligation onto the citizen. Therefore, a situation where a person is asked to independently "resolve the problem" between two state databases or bring documents already contained in the registers does not comply with legal requirements.

What should a state authority do if it detects a discrepancy?

The mere fact of discrepancies between state registers does not mean that the administrative service must be automatically denied. If, during the consideration of an application, an official establishes that information in one state register does not match data in another, they must first determine the cause of such inconsistency.

In practice, this may be a technical error, untimely information update, different spelling of a surname after transliteration, change of residence, duplication of records, or other circumstances that do not indicate the absence of the person's right to the administrative service. In such a situation, the administrator or another authorized employee must register the application, conduct the necessary checks, and inform the applicant about the identified inaccuracies.

If additional actions from the citizen are required to resolve discrepancies, they must be explained what information needs clarification and to which authority they should apply. Conversely, an oral refusal or refusal without proper justification contradicts the requirements of administrative law.

Position of the Supreme Court

In the Supreme Court ruling dated April 27, 2021, in case No. 127/12200/20, the court stated that formal inaccuracies or deficiencies in documents or information resources cannot automatically be grounds for refusal to perform the relevant administrative or registration action if they do not affect the ability to establish the rights and obligations of the person. In fact, the Supreme Court formed an important legal approach: the state authority must assess all circumstances of the case comprehensively and not limit itself to merely formal references to data discrepancies in registers.

This approach is especially relevant today when a significant part of administrative procedures is carried out exclusively in electronic format.

What to do if the service is still denied

If an official reports the impossibility of providing an administrative service due to discrepancies in electronic registers, it is first necessary to demand a written decision indicating the specific legal provisions on which the refusal is based. It is the written response that will be the main evidence during further appeal.

After that, the applicant may file a complaint with the head of the relevant authority or the body supervising its activities. If the administrative procedure does not yield results, the law allows applying to the district administrative court with a claim to recognize the refusal as unlawful and to oblige the state authority to reconsider the application or provide the administrative service.

It is worth noting that the right to judicial protection is guaranteed by Article 55 of the Constitution of Ukraine, and the procedure for appealing decisions of authorities is defined by the Code of Administrative Procedure of Ukraine.

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