See more
Publication date: 10.04.2024
During the war in Ukraine, many people faced the need to establish the fact of death in the temporarily occupied territory.
After all, for each specific case, the establishment of this fact may have an exceptional legal significance for the applicant, given the legal consequences associated with it (receiving an inheritance, obtaining assistance, etc.).
However, establishing the fact of a death that occurred in the currently occupied territories of Ukraine can be a difficult task due to the peculiarities of management and access to information in these territories. Additional difficulties may arise here due to the loss of contact with relatives or an emergency situation caused by the conflict.
In Ukraine, there are rules and procedures for the actions of state bodies in the event of the need to register a death. Yes, it is carried out on the basis of a document confirming death issued by a medical institution, or a court decision confirming the death of a person at a certain time or declaring him dead. Death registration is carried out by state bodies at the request of relatives or representatives of relevant institutions, and in the event that a decision confirming the fact that a person died on the territory of Ukraine, which is currently occupied, is received from the court to the DRATS body, then state registration of death must be carried out on the day of receipt of a copy of the decision without the appeal of any person.
According to the norms of current legislation, documents issued on the territory of Ukraine, which is temporarily occupied, by illegal bodies and their officials or officials, are invalid and do not create legal consequences. According to the death certificate issued by illegal authorities in the occupied territories, you will not be able to register the death of a person in the state authorities of Ukraine.
This indicates the impossibility of state registration of a death that occurred on the occupied territory of Ukraine in an extrajudicial manner.
Thus, if a person is faced with the need to prove the fact of the death of his relative, which took place in the occupied territory of Ukraine, he must submit an statement on establishing the fact of death in the occupied territory 2024.
Here are general guidelines for making such a statement:
1. Title: The application must have a clear title that reflects the essence of the application, for example: "Application for establishing the fact of death in the temporarily occupied territory of Ukraine."
2. Information about the person who submits the application and about the person for whom the application is submitted: Indication of the full name, surname, date of birth and other identification data of the applicant. At the same time, the statement must be described in detail, as well as confirmed by relevant evidence of kinship with the deceased person, because according to the Civil Procedure Code, this statement can be submitted to the court by members of the deceased's family, his representatives or persons, if the establishment of the fact of death affects their rights, obligations. That is, any person cannot apply to the court with this application. In addition, the application must indicate the full name, surname, date of birth and other identification data of the person for whom the fact of death is requested, as well as the corresponding supporting documents must be attached.
3. Grounds for establishing the fact of death: The application must state all available evidence and circumstances that confirm the fact of death in the occupied territory.
If there is an official notification from the authorities or other official sources about the disappearance or death of a person in the temporarily occupied territory, this document can serve as the basis for establishing the fact of death.
Documents confirming the identity of the deceased (passport, birth certificate, etc.) can also be used to identify and confirm the fact of death.
If the deceased received medical care before death or as a result of an accident, medical reports, medical certificates and other medical documents can be important in establishing the fact of death.
If there are photos or videos showing the scene, they can also be attached to the statement to confirm the circumstances of the death.
Additional documents or evidence such as inspection reports, investigative documents or any other documents that may be relevant to the circumstances of the death may also be important.
If there are witnesses or persons who may know about the circumstances of the death, their information must also be indicated in the application.
In general, for the courts, the grounds for establishing the fact of death are circumstances confirmed by evidence, which testify to the death of a citizen at a certain time and under certain circumstances. Evidence confirming the fact of a person's death in the occupied territories of Ukraine may include, in particular, written evidence; material evidence, in particular audio and video recordings; conclusions of experts; copies of medical certificate/death certificate; testimony of witnesses who can confirm the circumstances referred to by the applicant; certificates from the military commissariat or from the commander of a military unit (in the case of the death of servicemen); applications to law enforcement agencies about the disappearance of a person, including in circumstances that threatened him with death.
Obviously, the indicated list of evidence is not final and can be specified in each case of establishing the fact of death in the temporarily occupied territories, depending on each specific situation. At the same time, the court will necessarily take into account the circumstances in which the applicants found themselves after the full-scale military invasion of the Russian Federation on the territory of Ukraine and the objective difficulties they may have when providing evidence to confirm the relevant fact.
4. Legal grounds: It is necessary to specify the relevant legal acts on the basis of which the application is submitted, such as the Civil Code of Ukraine, etc.
5. Signature: The application must be signed by the person who submits it, and the date of submission must also be indicated.
The application must be prepared taking into account all the requirements of legislation and legal norms, and it is best to seek advice from a qualified lawyer who has experience in similar cases.
