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Establishing the fact of death in the temporarily occupied territories: legal aspects

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 08.05.2024

Lawyer

In connection with the ongoing armed conflict on the territory of Ukraine, the issue of establishing the fact of death in the occupied territory 2024 is gaining special relevance and significance. The lack of access to official documents and registers creates numerous legal conflicts and problems for relatives of deceased persons. Let's consider the legal aspects of this issue in more detail.

According to the current legislation of Ukraine, the establishment of the fact of death in the occupied territory in 2024 takes place in court. Relatives of the deceased or other interested persons must submit an application to establish the fact of death in the occupied territory to the appropriate court at the place of residence of the applicant or at the last known place of residence of the deceased.

In the application for the establishment of the fact of death in the occupied territory in 2024, it is necessary to state all known circumstances of the person's death, indicate the place and approximate date of death, as well as attach available evidence, such as eyewitness accounts, photographs, video footage, etc. The court examines the application in the order of a separate proceeding and, based on the results of the examination, renders an appropriate decision.

The fact of death in the occupied territory can be established by a court, provided that the applicant provides adequate and admissible evidence that convincingly proves the death of the person. In the absence of direct evidence, the court may recognize the fact of death on the basis of indirect evidence, for example, if a person disappeared under circumstances that threatened his life.

The procedure for establishing the fact of death in the temporarily occupied territory is complex and requires careful preparation of documents and evidence. Relatives of the deceased are recommended to seek legal assistance from qualified specialists who will be able to help properly draw up a statement establishing the fact of death in the occupied territory in 2024 and ensure comprehensive representation of interests in court.

The application for the establishment of the fact of death in the occupied territory is the main document submitted to the competent authority for the initiation of the procedure for the establishment of death. According to the current legislation, such a statement must contain comprehensive information about the person whose death is to be established, as well as the circumstances indicating the death.

In 2024, the legislation was amended to simplify the procedure for establishing the fact of death in the occupied territory. Now, fewer documents need to be submitted to submit an application, and the application review process itself has become more operational.

After establishing the fact of death in the temporarily occupied territories, the court's decision is the basis for making relevant entries in the state registers of civil status acts, as well as for the realization of property and other rights related to the death of a person.

It should be noted that the procedure for establishing the fact of death in the temporarily occupied territories is a temporary measure caused by extraordinary circumstances. In the future, after the de-occupation of the relevant regions, restoration of access to official registers and documents, additional legal registration of the fact of death may be required in accordance with the procedure established by law.

In summary, establishing the fact of death in the temporarily occupied territories is a complex legal process that requires careful preparation of documents and evidence. The application to establish the fact of death in the occupied territory in 2024 is considered by the court in the order of a separate proceeding, and the court's decision is the basis for making relevant entries in the registers and realizing property and other rights related to the death of a person.

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