Due to the military aggression of the Russian Federation, some territories of Ukraine are under temporary occupation. The Ukrainians who remained there faced difficulties in obtaining important documents. Unfortunately, one of the most common problems people face is obtaining a death certificate..

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Experts of the "

According to Article 17 of the Law of Ukraine "

a document of the established form of death issued by a healthcare institution or a forensic medical institution;

court decision on establishing the fact of death of a person at a certain time or on declaring him dead.

At the same time, the death documents issued by the occupying authorities are not legitimate and are not recognized by Ukraine..

In order to confirm the fact of death of persons who died in the temporarily occupied territory, it is necessary to file an application with the court in the controlled territory of Ukraine to establish the fact of death of a person in the temporarily occupied territory of Ukraine.

An application to establish the fact of death of a person in the territory where martial law or state of emergency has been introduced, or in the temporarily occupied territory of Ukraine, determined as such in accordance with the law, may be submitted:.

family members of the deceased;

their representatives;

other interested parties (if the establishment of the fact of death affects their rights, obligations or legitimate interests).

The application must indicate:.

what fact the applicant asks to establish and for what purpose;

reasons for the impossibility of obtaining or restoring documents proving this fact;

proof of fact;

evidence confirming the circumstances stated by the applicant (for example, written eyewitness accounts, a photo table from the burial site, medical documents on death, a copy of the death certificate (issued in the occupied territory), a copy of the contract for ordering and organizing a funeral, etc..

certificate of the impossibility of restoring the lost documents (for example, a written refusal of the state registration of acts of civil status).

The following is also attached to the application:.

a copy of the identity document of the applicant and the registration number of the taxpayer's account card;

a copy of documents confirming family or other ties with the person, upon the fact of the establishment of whose death such an application is submitted;

copies of documents confirming the authority of the representative, if such an application is submitted through him.

Please note that in this category of cases, applicants are exempted from paying court fees..

Cases on establishing the fact of death of a person in the territory where martial law or state of emergency has been introduced, or in the temporarily occupied territory of Ukraine, are considered without delay, and decisions are subject to immediate execution.

The decision of the court to establish the fact of death does not replace the death certificate issued by the DRACS, but is only the basis for obtaining it.

It should be noted that today there is a draft law on the introduction of an extrajudicial (administrative) procedure for state registration of acts of civil status held in the temporarily occupied territories. That is, in case of its adoption, birth, marriage, divorce or death on the WTO can be registered without going to court.

There are cases when a pregnant woman gives birth to a child while under occupation. Recall how to issue it if the child was born on the WTO.