Establishing the Fact of Death in the Temporarily Occupied Territory of Ukraine

It is extremely important to keep your documents in proper order, as many legal matters may depend on them. It is not enough simply to have a particular document: it must also comply with the applicable requirements and be legally recognised by the state.

This article will be useful for people who have a death certificate issued by the authorities in the temporarily occupied territories of Ukraine, including the so-called “DPR/LPR.” Documents issued by the occupation authorities are not recognised as official Ukrainian civil status documents. Therefore, a death certificate issued by the so-called “DPR/LPR” does not in itself have the same legal effect in Ukraine as a Ukrainian death certificate. This can create numerous problems, including difficulties with inheritance proceedings. To resolve the issue, it is necessary to obtain a Ukrainian death certificate. However, such a certificate cannot simply be exchanged at a civil registration office: a special procedure for establishing and registering the fact of death must be followed.

Under Ukrainian civil procedural legislation, the fact of death may be established by a court. In particular, relatives of the deceased, their representatives and other persons entitled by law may apply to the court with the relevant application. Where the death occurred in the temporarily occupied territory of Ukraine, special rules of jurisdiction apply. The application for establishing the fact of death should contain:

• the purpose for which the fact of death needs to be established;
• the reasons why it is impossible to obtain the relevant Ukrainian documents confirming the death;
• evidence confirming the death and the relevant circumstances, including medical documents, witness statements and other available evidence;
• other documents confirming the impossibility of registering the death through the ordinary procedure, where applicable.

In addition, depending on the circumstances and availability, the following documents may be submitted to the court:

• copies of the applicant’s passport and taxpayer identification number;
• a copy of the death certificate issued in the temporarily occupied territory;
• a copy of an extract from the deceased person’s medical records;
• a copy of an agreement for funeral services and arrangements;
• photographs from the burial site.

Cases concerning the establishment of the fact of death in the temporarily occupied territory are subject to an expedited court procedure and are generally considered without delay.

After receiving the court decision, carefully check all personal information contained in it, particularly the dates and places of birth and death.

After obtaining the court decision, the next step is to apply for state registration of the death and obtain an official Ukrainian death certificate.