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Publication date: 15.10.2024
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A wartime declaration of death is a legal procedure used to officially establish the death of a person when it is not possible to directly confirm their death due to the absence of a body or other direct evidence. In Ukraine, this process is regulated by legislation and is important for protecting the rights of a person's relatives, in particular for receiving social benefits, inheritance, etc.
Conditions for recognizing a person as deceased:
- Missing: A person has gone missing in a war zone or occupied territory, for a long time (usually more than a year) there is no information about the person's whereabouts, all possible ways to determine the person's location or fate have been exhausted.
- Documentary confirmations: the presence of official confirmations from the military or other competent authorities about the disappearance of a person while on duty or in a combat zone, the absence of information about the return of a person or any other information that could confirm his living condition.
- Conducting an investigation: the military unit, state authorities or law enforcement agencies conduct an appropriate investigation and submit information to the court.
Establishing the fact of death in the temporarily occupied territory is a legal procedure aimed at officially confirming the death of a person who died or disappeared in the territory under temporary occupation. Since in such conditions it is impossible to obtain official documents from the authorities, the procedure requires an application to the court to establish the legal fact of death.
The procedure for recognizing a deceased person:
- Filing an application to establish the fact of death in the occupied territory 2024 to the court: interested persons (for example, relatives or loved ones) submit an application to the court at the place of residence or the last known place of residence of the missing person. The application for establishment of the fact of death on TOT must contain information about the circumstances under which the person disappeared and evidence that confirms that he cannot be found (for example, documents from a military unit, certificates from the police or government authorities).
- Consideration of the case by the court: the court examines the evidence provided, listens to witnesses (if any), requests information from the competent authorities (military, police, state authorities). Based on the collected evidence, the court decides whether there are sufficient grounds to declare a person dead.
- Making a decision by the court: if the court finds that the collected evidence confirms the absence of the person and the impossibility of finding him, he makes a decision to declare the person dead. The date of death is specified in the court decision, which is established either as the date of the person's disappearance or as the date of the end of hostilities in the relevant region.
- Registration of death in the bodies of the Civil Status Agency: on the basis of a court decision, the bodies of registration of civil status acts issue a death certificate, which is necessary for registration of inheritance, receipt of social benefits or other legal actions.
Recognizing a person as deceased is a complex legal procedure that requires appropriate documentation and collection of evidence. In the event of the appearance of a person recognized as dead, the court's decision may be annulled, and the person's rights will be restored. Legal support for the establishment of the fact of death on TOT 2024 in the occupied territory includes a set of measures aimed at helping relatives or interested persons in establishing the legal fact of death through the court. This is important for registering inheritance rights, receiving social benefits and solving other legal issues. Legal support makes it possible to significantly simplify the process and ensure effective protection of the applicant's interests.
Services provided by the lawyer of the legal service "Consultant" during the escort:
- Consultation: explanation of the essence of the process and requirements for establishing the fact of death. Assessing the situation and determining the necessary evidence to be collected for the trial.
- Preparation of documents: preparation of a statement to the court containing a detailed description of the circumstances of the death, evidence and claims. Assistance in collecting the necessary documents, application for establishing the fact of death in the occupied territory 2024 (eyewitness testimony, statement on establishing the fact of death in the occupied territory, photographs, medical certificates, other evidence).
- Representation of interests in court: a lawyer represents the client's interests during court hearings, ensuring the correct presentation of evidence and protection of the applicant's rights. If necessary, preparation and submission of additional statements or evidence at the request of the court.
- Interaction with the authorities: the lawyer facilitates the communication with the authorities (RACS) after receiving the court decision for the fast execution of the death certificate, consulting on the further actions that are necessary for the registration of the inheritance or receiving social benefits. If the court refuses to establish the fact of death or requires additional evidence, the lawyer prepares an appeal or additional documents for retrial.
Question
Advantages of contacting a lawyer of the legal service "Consultant"?
Answer
Saving time and effort: the lawyer knows all the nuances of the process, which allows to reduce the risk of errors and speed up the procedure. Maximum preparation of the evidence base: A legal specialist helps to correctly collect and submit all the necessary evidence to obtain a positive court decision. Guarantee of rights protection: The lawyer ensures that the applicant's rights are fully respected at all stages of the procedure.
Legal support is particularly important, as establishment of the fact of death on TOT requires strict adherence to procedures and the provision of sufficient evidence, which is often difficult to gather without professional assistance.
A lawyer or advocate can help:
Establishing the fact of death in the temporarily occupied territories.
Prepare a statement to the court and collect the necessary statement on establishing the fact of death in the occupied territory 2024.
Represent the interests of the establishing the fact of death in the occupied territory 2024 in court.
Establishing the fact of death in the occupied territory may be necessary for different persons and in different situations. Most often, this concerns close relatives of the deceased person who have certain legal or social interests. The fact of death on TOT and its establishment is an important legal procedure that helps relatives and other interested persons to exercise their rights and obtain the proper benefits or inheritance rights.
