Lawyer helped to establish the fact of her mother's death, which occurred on the territory not controlled by the government of Ukraine

A death certificate is an important document that gives rise to certain civil rights, including the right to inheritance, to receive an unpaid pension and to receive a funeral benefit.

As a general rule, state registration of death is carried out by the departments of the State Civil Registration Office (DRACS) on the day the applicant applies at the last place of residence of the deceased. However, there are cases when state registration of death requires a court decision confirming the fact of death.

Thus, Nina, a lawyer of the Kovel Community Law Center, a DRC partner, was approached by a woman whose mother died in June 2022 in the non-government controlled area of Luhansk region.

After her mother's death, Nina received a medical death certificate, a certificate of the cause of death, and a death certificate for her mother, which are not legally binding in Ukraine. It so happened that these documents were lost during the evacuation. Thus, the only way for Nina to obtain a state-issued death certificate was to go to court to establish the fact of her mother's death.

Cases on establishing the fact of death are not complicated and are considered immediately upon receipt of the relevant application to the court, but often evacuees cannot prepare the necessary application and collect evidence on their own. The lawyer drafted the procedural documents and prepared the woman for the trial and further actions to obtain a death certificate.

Now the woman has the opportunity to formalize her inheritance and receive an allowance for the burial of her mother.

The provision of free legal aid in Volyn region was made possible through the cooperation of the Western Regional Center for Secondary Legal Aid with the Danish Refugee Council (DRC) and funding from the European Union's civil protection and humanitarian assistance.

For reference: How to get a death certificate for a person who died in the non-government controlled area?

The algorithm of actions for obtaining a death certificate in an administrative (out-of-court) procedure:

1. Apply to the State Civil Registration Office (Civil Registry Office) (death registration is carried out at any Civil Registration Office, regardless of the place of death or residence of the deceased person).

If the relatives of the deceased live in a region where it is not possible to apply to the Civil Registry Office (territories where state authorities do not exercise their powers due to hostilities), they may apply through a representative whose powers must be based on a notarized power of attorney (in accordance with Article 244 of the Civil Code of Ukraine) or a lawyer.

2. Provide the authorized person with the following documents:

- death certificate;

- medical certificate of death;

- a certificate of the cause of death;

Please note that the above documents are accepted by the State Civil Registration Office even if they are issued in areas where public authorities temporarily do not exercise their powers.

• A person who applies to the civil registry office must also present a document proving his/her identity (passport), as well as evidence of kinship with the deceased person (birth certificate, marriage certificate, etc.) or a notarized power of attorney for the relevant actions from a family member of the person whose death is being registered;
• passport, other documents entitling the deceased to benefits provided by law, military registration documents of the deceased person (if any). The civil registry office that registers the death withdraws them and affixes a corresponding stamp on the death of the owner in these documents. Failure to submit these documents is not an obstacle to state registration of death (clause 14, chapter 5, section III of the Rules for State Registration of Civil Status Acts in Ukraine).
• In the absence of grounds for state registration of death (for example, when there is no document in the proper form), the Civil Registry Office, at the request of the applicant, draws up a written refusal to conduct state registration of death, which sets out the reasons for the impossibility of such registration.
• Then the death will be registered on the basis of a court decision establishing the fact of a person's death according to the following algorithm:
• Who can apply to the court? An application for establishing the fact of a person's death in the non-government controlled area of Ukraine may be filed by family members of the deceased, their representatives or other persons (if the establishment of the fact of a person's death affects their rights, obligations or legitimate interests).
• Where to apply? To any local court of Ukraine administering justice, regardless of the applicant's place of residence (stay).
• What documents should be attached to the application for establishing the fact of death? The following documents must be attached to the application for establishing the fact of death: a death certificate, medical documents (medical death certificate, certificate of the cause of death), documents confirming the fact of kinship (birth certificate, marriage certificate, etc.), a copy of the applicant's passport, a written refusal from the registry office (if any), documents confirming the powers of the representative (if necessary).
• The application for the establishment of the fact of death must contain: a description of the circumstances of the case, the reasons for the impossibility of obtaining documents certifying the fact of death, as well as the applicant's evidence of the fact of death of the person concerned (death certificate, medical documents (medical certificate of death, certificate of the cause of death), etc.
• What is the cost of the procedure for obtaining the necessary documents? Applicants in cases involving applications for establishing the fact of death filed in connection with the war in Ukraine are exempt from paying court fees when considering this category of cases (clause 21, part 1, article 5 of the Law of Ukraine “On Court Fees”).
• What are the terms of consideration of the application? Cases on establishing the fact of death of a person in the territories not controlled by the Government of Ukraine are considered immediately from the date of receipt of the relevant application to the court. At the same time, the term “immediately” will vary in each specific situation, based on the judge's workload and the day the application is filed with the court. However, in any case, you can expect the court to consider the case within 1-5 days.