|LAW NO. 03/L-099 ON IDENTITY CARDS|
|e hënë , 03 nëntor 2008|
LAW No. 03/L-099
ON IDENTITY CARDS
The Assembly of Republic of Kosovo,
Pursuant to Article 65 (1) of the Constitution of Republic of Kosovo and in order to
establish legal rules for Identity Cards of Republic of Kosovo;
LAW ON IDENTITY CARDS
This law determines the legal rules of issuance of Identity Cards, competence and procedure of issuance of Identity Cards for the citizens of Republic of Kosovo.
Notions used in this law have these meanings:
"Identity Card" means public document by which the citizen of Republic of Kosovo confirms his/her personal identity, citizenship, gender, date of birth, place of birth and the address where he/she lives (place of residence).
"Identity Card for Foreigners" means an official document by which is equipped a citizen who at the time of the issuance of this Identity Card is allowed on temporary or permanent stay in the Republic of Kosovo.
"Resident" means a Republic of Kosovo citizen or foreigner, who according to the provisions of this law should be equipped with Identity Card.
"Ministry" means Ministry of Internal Affairs.
"Biometric data" means unique data that present unique characteristics of a person and are used to determine the identity through the appearance of the face (portrait), finger prints, eye colour and blood group.
"Permanent stay" means the place in which the citizen stays with intention of permanent living there.
"Days" means working days.
The Identity Card may serve as identification (travel) document for state border crossing, if this is regulated by an agreement between states.
4.1 Each citizen of Republic of Kosovo older than sixteen (16) years is obliged to be equipped with the Identity Card.
4.2 The right to be equipped with Identity Card for foreigners has the citizen who at the time of issuance of this Identity Card has regulated his/her temporary or permanent stay in the Republic of Kosovo.
4.3 The citizen may not possess more than one Identity Card issued in the Republic of Kosovo.
The citizen is obliged to keep the Identity Card with him (her) self, and on the request of an official person authorised by law, is obliged to provide the Identity Card for identification.
6.1 The citizen does not have the right to give his/her Identity Card to other person or to use someone else's Identity Card as his/her own.
6.2 It is not permitted to be misused someone else's Identity Card with the purpose of ensuring of a benefit or right, for him(her) self or any other civil or judicial person.
COMPETENCIES AND MANNER OF ISSUANCE OF IDENTITY CARDS
Competent body for issuance of Identity Cards is the Ministry of Internal Affairs (in further text: the Ministry).
8.1 The form of the Identity Card is determined by the Ministry.
8.2 The Identity Card contains:
a) the symbol of state of Kosovo;
b) the name of document;
c) the serial number of Identity Card;
d) place of registration;
e) name and surname;
f) date and place of birth;
i) personal number;
j) term of duration;
k) place and body which issues the Identity Card;
8.3 The Identity Card contains the photography with biometric data of the bearer of the document.
8.4 Forms to be equipped with the Identity Cards, lost Identity Cards, damaged Identity Cards, are determined with sub-legal acts and in accordance with provisions of this law.
8.5 Processing, personalisation and production of Identity Cards is accomplished by the Ministry.
8.6 Distribution of the Identity Cards is done by the body assigned by the Ministry of Internal Affairs.
8.7 Forms to be equipped with the Identity Card are produced by the legal person, authorised by the Ministry.
9.1. Forms and the Identity Cards are printed in the official languages and in the official languages of municipalities of Republic of Kosovo.
9.2. Forms and Identity Cards are printed in the Latin alphabet.
VALIDITY OF THE IDENTITY CARD
10.1 The Identity Card is given in validity period of ten (10) years.
10.2 To persons aged (sixteen to twenty-six) 16-26 years the Identity Card is given in validity period of five (5) years.
10.3 To persons older than sixty (60) years it is given permanent Identity Card.
11.1 To the citizen who within five years has lost, damaged or alienated two or more Identity Cards, is given an Identity Card in term of one year.
11.2 Provision from paragraph 1 of this article is not applied, if the citizen, to whom the Identity Card is alienated, arguments that he /she have reported the alienation as criminal offence.
12.1 The person who is prohibited to leave the country can not use the Identity Card for this purpose during the prohibition time.
12.2 About this prohibition shall decide only the court which informs the Ministry.
12.3 The appeal against the decision from paragraph 2 of this article does not stop its execution.
12.4 After the reasons for prohibition of use of Identity Card for state crossing border have ceased to exist, court from paragraph 1 of this article, should immediately inform the Ministry.
13.1 The bearer of the Identity Card should within thirty (30) days make the request and submit the Identity Card to the competent body if:
a) changes name and surname;
b) changes permanent residence;
c) photography does not show his/her real appearance any longer;
d) is damaged, alienated, or for some other reason it is not of use.
13.2 The bearer of the Identity Card from paragraph 1 of this article has the right to submit a request for issuance of a new Identity Card, in a manner determined with article 16 of this law.
14.1 Regardless of the conditions foreseen in article 10 of this law, the validity of the Identity Card expires:
a) with death of the person;
b) with a loss of citizenship of Kosovo;
c) if the citizen denounces his/her permanent residence due to displacement from Kosovo.
14.2 The possessor of the Identity Card from points b. and c. of paragraph 1 of this article should hand over the Identity Card to competent body within eight days from the occurrence of reasons from points b. and c. of paragraph 1 of this article.
THE ISSUANCE OF IDENTITY CARD
15.1 The citizen personally submits the request for equipment with Identity Card in the competent body.
15.2 For citizens younger than eighteen (18) years and citizens who are not capable to act, the request is submitted by the legal representative.
15.3 Competent body issues to the submitter of the request a proof on reception of the request.
16.1 The request for equipment with Identity Card is conducted in the foreseen forms.
16.2 Forms from paragraph 1 of this article should contain preliminary data:
a) name and surname;
b) date of birth, place of birth, personal number and gender;
c) permanent residence;
d) temporary residence;
f) names of parents, dates of birth and personal numbers;
g) date and place of submission of the request;
h) name and surname and permanent residence of the legal representative.
16.3 To the request for the Identity Card, competent body should attach in electronic format the biometric data such as photography, images of the finger prints and signature, in accordance with international standards.
16.4 In the request for equipment with Identity Card, the data should be accurate.
16.5 Competent body is obliged to issue the Identity Card, not latter than fifteen (15) days from the day of submission of the request.
16.6 The Identity Card may be handed over to the citizen directly from the competent body.
16.7 If the citizen does not take the Identity Card within thirty (30) days, the Identity Card will be returned to the competent body.
16.8 Exception from paragraph 7 of this Article in reasonable cases the term for withdrawing the Identity Card may be extended for a reasonable time, but not later than six (6) months.
17.1 Damage, loss or theft of the Identity Card, should be reported by the citizen to the competent body within eight days, describing the circumstances of damage, loss or theft of Identity Card.
17.2 Damage, loss or theft of the Identity Card outside the country, the citizen within eight days after entering the Republic of Kosovo, should report to the competent body in a manner determined in paragraph 1 of this article.
17.3 After declaring the loss of Identity Card as invalid, the competent body upon the request of citizen issues new Identity Card.
18.1 Evidence on the received requests and issued Identity Cards, are governed and maintained by the Ministry.
18.2 Evidence from paragraph 1 of this article contains:
a) data from paragraph 2 and 3 of article 16 of this law;
b) date of the issuance of the Identity Card;
c) validity of the Identity Card;
d) serial number of registration of the Identity Card;
e) data on damaged Identity Cards, lost and stolen, and declared invalid;
f) data from paragraph 1 of article 12 of this law.
18.3 Data from evidence are governed by Ministry, five (5) years after the cease of validity of Identity Card
18.4 Data on prohibition of using the Identity Card for border crossing, competent body destroys it after five years, when the reason for prohibition expires.
State institutions depending on authorization determined by law, may use data from evidence for issued Identity Cards in accordance with applicable Law in Kosovo on defending the personal data.
20.1 Supervision on application of the provisions of this law is conducted by the Ministry of Internal Affairs.
20.2 Ministry of Internal Affairs has the right to supervise legal person, enterprises or organisations from paragraph 7 of article 8 of this law.
PROVISIONS OF PUNISHMENTS
With fine from (a hundred) 100 € up to (two hundred) 200 € or up to thirty (30) days of imprisonment will be punished for minor offence a citizen:
a) who does not have valid Identity Card, equipped with photography, issued by competent body from paragraph 1 and 2 of article 4 and article 7 of this law;
b) who upon request of official person, authorised by law, refuses to give for identification the Identity Card, according to article 5 of this law;
c) who gives or borrows his/her Identity Card to other person, or uses someone else's Identity Card as his/her own, paragraph 1 of article 6 of this law;
d) who in the request to be equipped with Identity Card, writes inaccurate data, paragraph 4 of article 16 of this law;
e) uses the Identity Card in contradiction with paragraph 1 of Article 12 of this law.;
f) who has more than one valid Identity Card, paragraph 3 of article 4 of this law;
g) who uses other person's Identity Card for purpose of ensuring of a benefit or a right, paragraph 2 of article 6 of this law.
With fine from (fifty) 50 € to (two hundred) 200 € will be punished for minor offence a citizen:
a) who does not hand over the Identity Card to the competent body in the timeframe determined by paragraph 1 of article 13 of this law;
b) who does not have the Identity Card with him/her self.
c) when does not hand over the Identity Card to competent body in the determined timeframe after the occurrence of the reasons for cease of its validity, paragraph 2 of article 14 of this law;
d) who in the timeframe determined by law and in a regular manner does not inform competent body for the loss or finding of Identity Card, paragraph 1 and 2 of article 17 of this law.
All means benefited from fines shall be deposited in the Republic of Kosovo Consolidated Budget.
TRANSITIONAL AND FINAL PROVISIONS
The Ministry, three months after the approval of this law:
a) assigns the forms for Identity Cards from article 8, 16, 17, and 18, of this law and the manner of evidencing the prohibition from paragraph 2 of article 12 of this law;
b) assigns manner of governing the evidence from article 18 of this law;
c) assigns form and manner of work on the Identity Card and, also preservation, use, return, and destruction of data from article 16 of this law.
The Identity Card issued before entry into force of this law, may be used until the expiry of its validity but not longer than a year after enforcement of this law.
This law will supersede all provisions of the applicable law which are not in compliance with it.
The Ministry of Internal Affairs shall issue sub-legal acts for implementation of this law.
ENTRY INTO FORCE
This law enters into force on the day of its publication in the Official Gazette of the Republic of Kosovo.
Law no. 03/L-099
03 October 2008
Promulgated by the Decree No. DL- 049 - 2008, dated 13.10.2008, of the President of Republic of Kosovo, Dr. Fatmir Sejdiu.