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Publication date: 28.05.2024
Establishing the fact of death in a temporarily occupied territory: procedure and features in 2024
The armed conflict and the occupation of part of the territories of Ukraine have created many difficult situations for civilians. One of these problems is the establishment of the death of persons in temporarily occupied territories. In 2024, this procedure remains relevant and has certain features.
The application for the establishing the fact of death in the occupied territory 2024 is filed with the court at the place of residence of the applicant or at the last known location of the deceased. Such a statement can be filed by relatives, close or other interested persons.
The purpose statement on establishing the fact of death in the occupied territory is to legally fix the death of a person, if it is impossible to obtain a corresponding certificate in connection with stay in the occupied territories. This allows relatives to resolve inheritance, social payments, pensions, etc.
It is important to note that the establishment of death in the occupied territory 2024 does not mean automatic recognition of the person as a result of hostilities. The court only states the fact of death on the basis of the evidence provided.
What evidence is necessary to establish the fact of death? It can be:
- the testimony of witnesses who saw the deceased or were present at the burial.
- Documents (correspondence, photos, videos) from the occupied territory confirming death.
- official reports of representatives of the authorities, the military about the fact of death.
- expert conclusions about the cause of death (if any).
- any other evidence that the court can persuade.
The main difficulty is to collect such evidence from the occupied territories. Therefore, the court may invite additional information and materials from the authorities and law enforcement agencies.
When considering the application for the establishment of death in the occupied territory in 2024, the court must carefully check all the circumstances of the case, the causes and time of death, as well as the absence of contradictions in the evidence provided. According to the results of the consideration, the appropriate decision is made.
The court's decision to establish the fact of death is the basis for registration of death certificate by the RACS bodies. It also entitles relatives to inherit the property of the deceased, the appointment of pensions, social payments, etc.
It should be noted that if a person was considered missing in the occupied territory, additional rules and terms may be applied to establish the fact of his death.
It should be remembered that establishing the fact of death in the temporarily occupied territories is a hassle and a complex procedure. However, it is necessary for the proper protection of the rights and interests of the relatives of the dead. Therefore, in 2024, the case law on this issue continues to develop, taking into account the circumstances of armed conflict and occupation.
