Death certificates issued by Russian authorities in the occupied Ukrainian territories are not recognized as valid in Ukraine and have no legal force. The Ministry of Justice of Ukraine explained how to properly formalize the establishment of the fact of death in the temporarily occupied territory, UNN reports.
Details
Relatives of deceased persons who died or passed away in the temporarily occupied territories face problems when processing important documents.
In order to register a death under Ukrainian law and obtain a corresponding state-standard certificate, a special mechanism is provided - establishing the fact of death through court.
Such an application can be submitted by family members of the deceased, their representatives, or other interested parties. You can apply to any local court in Ukraine outside the occupied territory - regardless of your place of residence. The application can also be submitted online through the "Electronic Court" service using a qualified electronic signature.
The application must state:
- what fact the applicant asks to establish and for what purpose;
- reasons for the impossibility of obtaining or restoring documents confirming this fact;
- evidence confirming the fact (witness testimonies, medical certificate of death, photo or video recording from the burial site, and others).
Before applying to the court to establish the fact of death of a person in the TOT, the applicant can apply to the state civil registration office with an application for death registration. If it is impossible to carry it out, the civil registration office provides a written refusal stating the reasons. Such a refusal can be used as evidence in court proceedings.
After the court makes a decision on establishing the fact of death, a copy of it is issued to the applicants and immediately sent by the court to the civil registration office at the place of the decision for state registration of the person's death. The death certificate is issued to the applicant upon their application to the civil registration office.
In cases of establishing the fact of death in the temporarily occupied territory, no court fee is charged. The court's decision is executed immediately, the Ministry of Justice emphasized.
Despite the circumstances caused by the war, everyone has the right to proper documentation related to the loss of a loved one. The Ministry of Justice encourages citizens to use available mechanisms to protect their rights, including by applying to the free legal aid system.