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Service in the army in the current period is quite dangerous and risky. When a soldier dies while performing his duty to protect the Motherland, it is not always possible to take the body from the battlefield. Therefore, a certificate about the circumstances of a serviceman’s death is of great importance, so that the family can properly process everything in the legal field. Next, you need to use the legal mechanism of establishing the fact of death in court. Let’s talk about it in more detail, and also focus on how the services of the law firm “Prikhodko&Partners” can be useful.
What problems arise when establishing the fact of death?
Relatives usually receive a death certificate. However, it is not a medical certificate on the basis of which state registration of death could be carried out. That is why the family is faced with a refusal from the RACS authorities and cannot obtain a death certificate for their relative, who was a military serviceman. However, applying to the RAC is a mandatory stage, after which you can apply to the court with an application to establish the fact of death. Consideration of such applications takes place in the format of a separate proceeding.
Establishment of legal facts is governed by Part 2 of Art. 315 of the Code of Civil Procedure, so this legal norm is relevant here, since it is about the facts on which the emergence, termination or change of personal or property rights will depend, if the law does not provide for another procedure for establishing these facts.
Sometimes lawyers hear questions from their clients about why a solution to such a situation is possible only through court. Unfortunately, the legislator has not provided any other option, except the judicial one. Therefore, it is necessary to take this circumstance into account and move along the path provided by legal norms. On this path, the support of good lawyers will be relevant. These are the people who work at the “Prikhodko&Partners” law office.
What to do next when the court decision is received?
When you have received a court decision, it’s time to apply to the authorities of the RACC with it. In this case, they will be obliged to prepare and issue you a death certificate of a serviceman who is your relative.
If you delegate this process to specialists, you can go through it much easier, without being distracted by the trial and preparation for it. In the future, the document will be necessary for registration of benefits provided by law, receiving payments, etc.
What questions do we still get in the field of military law?
Military law is one of the key areas of work in which our team specializes. Therefore, we work with a wide range of customer requests – starting with the clarification of the legal norms regarding mobilization in the consultation process and ending with accompanying the preparation of documents that confirm the disappearance of a missing soldier or his capture.
In such stressful situations, it can be difficult for families to act independently. In addition, they bear great responsibility in a number of other organizational and psychological aspects. Therefore, it is advisable to at least entrust the legal side to those who regularly work in this category of cases and can qualitatively help their clients. By contacting us, you will receive competent legal support in the field of military law.