Case: establishing the fact of death by a court decision, if a person died in the occupied territory

The essence of the case:

Party-1 (Applicant) turned to the legal company "Prykhodko and Partners" with the issue of establishing the fact of death in order to obtain a death certificate of the Ukrainian model and register the death in the territory of Ukraine, due to the fact that the person died in the occupied territory and the death was registered there, the death certificate issued by bodies located in non-controlled territories, i.e. LPR DPR, are not valid on the territory of Ukraine.

This case concerns the submission to the court by Party-1 (applicant) with the help of a representative (lawyer), a statement to establish the fact of death, on the basis of a death certificate issued in the occupied territory.

Progress:

1. The lawyer of the legal company "Prikhodko and Partners" prepared a statement taking into account all documents confirming the family relationship and documents confirming the fact of death, which were provided by Party-1 (Applicant) and sent the statement to the court.
2. The third-party in the case is the DRATSS department, which refused to register the death on the basis of the issued death certificate of the LPR.
   The refusal was also given to the list of documents confirming the impossibility of registering a death without a court decision.
3. The court, in accordance with the procedure, scheduled a meeting in the order of a simplified claim proceeding with notification (summons) of the participants in the case.
4. Considering the circumstances of the case, the judge confirmed that the provided documents really confirmed the fact of death.
5. The judge confirmed that the case is under her jurisdiction and can be considered in accordance with the law.

Conclusion:

On the basis of the above, the judge issues a decision on the establishment of the fact of death, which is subject to immediate execution and registration in the relevant department of the State Medical Center.

On the day of the applicant's application to the DRATS department, the death is registered and a certificate of the Ukrainian model and an extract for receiving funeral assistance are provided.