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Family law ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES

Sulyk Roman

Head of family law practice

E-mail

sulyk@prikhodko.com.ua

Phone numbers

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES

In modern realities, when a large part of the territories of Ukraine is under temporary occupation, citizens face numerous legal problems. One of these problems is establishing the fact of death of persons who lived in these regions.

This issue is extremely important, because it affects the rights of heirs, social security of families and other aspects of legal life.

Unfortunately, many people who have lost loved ones in the temporarily occupied territories do not have access to normal death registration procedures. This creates additional difficulties that require legal support and professional support.

Our goal is to help citizens overcome these barriers and ensure their rights even in such difficult conditions.

Why is it important to establish the fact of death?

The procedure for establishing the fact of death is necessary for the implementation of many legal actions.

It helps:

Make an inheritance. Without official confirmation of the fact of death, the heirs cannot legally enter into their rights to the property.
Close legal obligations. This applies to loans, debt agreements or other financial obligations of the deceased person.
Receive social benefits. Relatives of the deceased have the right to funeral assistance and other prescribed payments.

Without this important legal action, many aspects of the family’s daily life remain unresolved, making it difficult to adapt to new conditions.

It will also be useful: Establishing the fact of paternity after death

How is the procedure for establishing the fact of death?

The procedure involves several main stages, which are mandatory for achieving a positive result:

Submitting an application to the court

The applicant must apply to the court at his place of residence. The statement indicates the circumstances under which the death occurred and the reasons why the fact of death cannot be established in the usual manner. All available documents confirming the circumstances of the case are attached to the application.

Preparation of evidence

The evidence base is a key aspect for a successful case resolution.

It can include:

Medical documents confirming the death of a person (if any);
Testimony of eyewitnesses or relatives who can confirm the fact of death;
Photographs or videos documenting events related to death;
Other documents that may be important for establishing the fact.

Judicial proceedings

The court considers the case in an open session. The peculiarity of such cases is that they often require a detailed analysis of each submitted piece of evidence. The judge must make a fair decision, taking into account all the circumstances.

Notification

After the court decision is issued, relatives can apply to the state civil registration authorities (DRACS) to obtain an official death certificate. This is the final stage of the process.

Typical problems and challenges

Establishing the fact of death in the temporarily occupied territories is often accompanied by numerous difficulties, including:

Lack of documents. Many people cannot get even minimal assistance due to the difficult situation in the region.
Refusal of witnesses. Witnesses may avoid participating in the case due to fear or reluctance, which complicates the process.
Legal obstacles. Different interpretations of the legislation or lack of clear rules can delay the process of considering the case.

How can we help?

Our law firm has extensive experience with such cases and offers a comprehensive approach to solving the issue of determining the fact of death.

We:

We provide comprehensive consultation, helping to understand your situation and determine the optimal solution.
We prepare all the necessary documents, including statements to the court and requests for additional evidence.
We represent your interests in court, providing professional support at all stages.
We help to register a death in the bodies of the DRATS after receiving a court decision.

Our advantages

Experience and professionalism. We have dozens of successfully completed cases that confirm our competence.
Individual approach. Each case is analyzed taking into account its unique circumstances, which allows finding optimal solutions.
We work quickly, understanding the importance of time for our customers.

Establishing the fact of death in the temporarily occupied territories — it is a complex but important process that helps citizens exercise their rights and resolve legal issues.

ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES

Why is it important to establish the fact of death?

How is the procedure for establishing the fact of death?

Typical problems and challenges

How can we help?

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Andrey Prikhodko