Establishing the fact of death in the Temporarily Occupied Territories

Establishing the fact of death on TOT

Establishing the fact of death in the temporarily occupied territory can be a difficult process due to the specific circumstances arising from control, access restrictions and insufficient registration of events. Such a situation requires special attention and measures to ensure compliance with people's rights and interests, as well as to establish objective facts. Today, in Ukraine, establishing the fact of death in the occupied territory is a difficult issue due to the political, social and legal circumstances arising in connection with the occupation of part of its territory.

It should be noted that the official authorities of Ukraine do not have control over certain parts of their territory occupied by armed formations, and the very process of establishing the fact of death may be complicated due to the lack of access to the occupied territories and power structures that would possibly perform such functions. In this regard, the families and relatives of the deceased can be assisted by the relevant human rights and humanitarian organizations that specialize in issues related to establishing the fact of death in the occupied territory 2024 by the occupied territories. They can provide advice on legal aspects and possibilities in establishing the fact of death, as well as help with the collection of necessary documents and information.

Legal stages:

Legal assistance includes various steps that lawyers usually take to protect the rights and interests of their clients. Here are some of them:

• Consultation and analysis of the situation: The first stage is a meeting with the client, where the lawyer analyzes their problem of establishing the fact of death in the temporarily occupied territories, shares legal information and considers possible strategies of action.

• Research and collection of evidence: Lawyers conduct detailed research of the situation, gather important evidence and information to prepare the case.

• Development of a legal strategy: Based on the collected information, lawyers develop a specific plan of action to protect the client's rights.

• Preparation of documents: Lawyers prepare the necessary legal documents, such as a declaration of death in the occupied territory, claims, contracts, letters and other documents that are necessary for the realization of the client's rights.

• Representation in court or before other authorities: Lawyers may represent the client's interests in court, before various agencies, commissions, authorities or in other legal proceedings.

• Negotiation and mediation: In some cases, lawyers negotiate with the other party or use mediation procedures to resolve disputes and reach an agreement without going to court.

• Appeals and appellate procedures: If necessary, lawyers provide services for the preparation of appellate statements and representation in appellate courts.

• Follow-up advice and support: Lawyers can provide advice to a client after the conclusion of a lawsuit or other legal proceedings, and provide support for the execution of court decisions or the conclusion of agreements.

Under what conditions can the service be provided?

Legal aid service can be provided in different situations and under different conditions. Here are some of the conditions under which legal aid can be provided:

• Having a legal problem: If you have a specific legal problem or issue that needs to be resolved, a legal professional can provide you with advice and assistance in resolving it.

• Need for protection of rights: If your rights have been violated or you need protection from the wrongful actions of another party, a lawyer can provide you with legal assistance in protecting your rights and interests.

• Participation in the legal process: If you need representation in a court, arbitral tribunal, administrative body or other legal dispute resolution, a lawyer can provide you with services to represent and protect your interests.

• Need for legal advice: If you need professional help in understanding your legal position, rights and obligations, as well as the possible consequences of your actions, a legal adviser can provide you with the necessary information and advice.

• Drafting of contracts and agreements: Lawyers can help you draft, review and conclude various types of contracts and agreements, ensuring that your interests are protected and legal risks are avoided.

Under what conditions can the service not be provided?

There are several conditions under which the legal aid service cannot be provided. Here are some of them:

• Conflict of interest: If the lawyer has a conflict of interest in handling your case, for example, if he or she is already representing another party with interests opposite to yours.

• Lack of legal basis: If your problem does not fall under the jurisdiction or legal status that gives you the right to receive legal aid.

• Inability to provide effective assistance: If the situation or problem is beyond the competence or ability of the lawyer to provide effective assistance.

• Non-compliance with ethical or legal requirements: If the provision of the service violates ethical norms, legislation or rules of professional activity of a lawyer.

• Insufficient level of trust or cooperation with the client: If there are problems of cooperation or an insufficient level of trust between the client and the lawyer, this can become an obstacle to providing effective assistance.

• Financial restrictions: If the client cannot pay for the services of a lawyer and does not have the opportunity to use free legal assistance.

• Cases of satellite services: If you are looking for services that go beyond the legal field, such as psychological or medical counseling, you may need to consult a specialist in the relevant field.

How to figure it out yourself?

• Researching legal norms and precedents: Start by studying the relevant laws, articles, court decisions and other legal sources relevant to your problem. 

• Analysis of the facts and circumstances of the case: Having collected all the necessary facts, analyze them in accordance with legal norms and precedents. Determine what rights and responsibilities may arise in your situation.

• Consultation with a professional lawyer: If your case is complex or you need professional advice, contact an experienced lawyer for advice and legal assistance.

• Develop a strategy: Based on your research and consultation with a lawyer, develop a strategy for solving your problem. Identify possible courses of action and their consequences.

• Use of legal resources: Use available legal resources, such as online databases, libraries and legal advice, for further information and support.

• Self-Education and Training: Continually improve your knowledge of the law by studying new legal developments and precedents relevant to your issue.

• Urgent actions: If necessary, act promptly, observing the deadlines and procedures established by law.

Frequently asked questions:

• What is the fact of death in the occupied territory? The fact of death in the occupied territory is defined as the fact of the termination of a person's life in the territory that is under the control of another country or the forces occupying it. The main purpose of a death certificate is to record the event and document that the person has died.

• What legal procedures must be followed to officially recognize the death of a person under occupation? Acknowledging the death of a person under occupation can be a difficult process due to the specific conditions that exist in the occupied territory. First of all, the family or relatives of the deceased must collect all the necessary documents, such as medical reports, death certificate (if available), passport or identification documents. In many countries, it is necessary to officially declare a person dead. This may include submitting relevant documents to relevant authorities or a court. Some countries may require a medical examination to confirm death. This may include an autopsy or other medical procedures. After the fact of death is established therefore, it is necessary to register the death with the relevant authorities. This may require the submission of special applications and documents. After the death is registered, an official death certificate can be issued, which confirms the fact of the person's death.

• What does the statement on establishing the fact of death in the occupied territory look like in 2024? Conditions of occupation and recognition of the fact of death in the occupied territories may vary depending on political, legal and social circumstances. However, in the case of war from February 24, 2022 in Ukraine in 2024, the procedure for establishing the fact of death may be complex and different from standard procedures. Usually, in order to officially recognize the fact of death, it is necessary to submit an application to the competent authorities or services. In the case of occupied territories, as a rule, appeals can be made to representatives of the local administration or self-organization bodies that have control over the occupied territory. Given the complexity and peculiarities of the situation in the occupied territories, it is possible that the process of recognizing the fact of death requires additional actions and discussions with local authorities or representatives of local authorities.

• Do the families of the dead have special rights or protection in the occupied territories? Families of victims may find it difficult to access the judicial system and protect their rights due to limited access to independent justice in the occupied territories. In the occupied territories, there is a risk for the families of the dead, related to the armed conflict, hostilities and security threats. This may limit their ability to exercise their rights. Families of victims may find it difficult to access humanitarian aid and support due to limited access to humanitarian organizations in the occupied territories. It may be difficult for the families of the victims to obtain information about the circumstances of the death of their loved ones due to limited freedom of the press and information censorship in the occupied territories.

• Which agencies or authorities are responsible for registering deaths in the occupied territories? In some cases, especially if the occupying forces have established administrative structures, the local administration may be responsible for registering the death. In the occupied territories, there may be a variety of self-organizational structures that undertake certain administrative functions, including the registration of events such as deaths. Depending on the political situation, occupying forces or governments controlling the occupied territory may have their own mechanisms for recording events, including deaths.

What does the cost of services depend on?

The cost may vary depending on the complexity and volume of work related to establishing the fact of death in the occupied territories. Complexity may include the availability of documentation, the ability to collect information, and other factors. The conditions created by the political and military situation in the temporarily occupied territories may affect the cost of the service due to security and access difficulties. The more time and resources required to perform the service, the higher the cost may be.