Obtaining a Ukrainian death certificate in case of death in occupied territories or on the territory of the Russian Federation

In the context of war, relatives of deceased persons often face significant difficulties in obtaining death-related documentation, especially when the death occurred in occupied territories or outside Ukraine. To exercise inheritance, social, and other rights, it is necessary to obtain official confirmation of the fact of death in accordance with Ukrainian legislation. Although the legal issue may appear similar both in cases of death in occupied territories and in cases of death on the territory of the Russian Federation, the procedure for its resolution depends on the specific circumstances of each case.

The legal framework governing this issue is the Law of Ukraine “On State Registration of Civil Status Acts,” according to which the death of a person may be registered by a civil status registration authority on the basis of:

1. a death document of the established form issued by a healthcare institution or a forensic medical institution;
2. a court decision establishing the fact of a person’s death at a certain time or declaring the person deceased.

Important! During martial law, state registration of death may be carried out at any Civil Status Registration Office (DRATS), regardless of the applicant’s place of residence.

In this publication, we aim to present the main algorithm of actions required to obtain a Ukrainian death certificate for persons who died in territories not controlled by the Government of Ukraine.

Algorithm for obtaining a death certificate for deaths in occupied territories

Step 1. Collection of documents

If a person’s death occurred in an occupied territory, it may be registered only on the basis of a court decision establishing the fact of death.

To apply to the court, prepare:

-medical documents issued in the occupied territory (medical death certificate, certificate of cause of death, expert opinion, etc.);

-documents issued by authorities appointed by the Russian Federation in territories under its control (death certificate, burial certificate, etc.);

-witness statements and other evidence that may confirm the fact of death.

Important! If it is impossible to obtain originals, scanned copies or photographs may be submitted. Additional evidence may include photos from the burial site, copies of contracts for funeral services, and receipts confirming payment for burial services.

Step 2. Confirmation of family ties

In cases of this category, the applicant must submit documents confirming their right to apply to the court. In particular, these include documents proving family relations with the deceased person, such as:

• copies of passports of both the applicant and the deceased;
• a copy of the birth certificate;
• a copy of the marriage certificate;
• other documents confirming kinship between the applicant and the deceased.

If available, a will or documents confirming dependency may also be submitted.

Step 3. Application to the court

An application to establish the fact of a person’s death in an occupied territory is submitted in accordance with Article 317 of the Civil Procedure Code of Ukraine by:

• family members of the deceased;
• their representatives;
• other interested persons (if establishing the fact of death affects their rights, obligations, or legitimate interests).

Important! The application may be submitted to any local court in territory controlled by the Government of Ukraine, regardless of the applicant’s place of residence. No court fee is charged.

The interested party in such cases is the Civil Status Registration Office of the district whose court is hearing the case. The application must be considered without delay. Court decisions in this category of cases are subject to immediate enforcement.

Step 4. Obtaining the certificate

To obtain a death certificate, it is necessary to apply to the Civil Status Registration Office indicated as an interested party in the case and submit the original court decision with a note confirming that it has entered into legal force, along with personal identification documents.

Based on the court decision, the Civil Status Registration Office registers the death, issues a death certificate, and provides an extract from the register required for obtaining burial assistance.

Important! If the court previously refused to satisfy your application (for example, due to insufficient evidence), in this category of cases you have the right to apply again.

Algorithm for obtaining a death certificate for deaths occurring on the territory of the Russian Federation

Step 1. Collection of documents

In this case, prepare the same documents as for obtaining a Ukrainian death certificate for a death that occurred in an occupied territory (as described above).

Additionally, evidence will be required confirming that before 2014 the deceased resided in Ukraine, was a citizen of Ukraine, had registered residence, and, even if they later acquired citizenship of another country, did not voluntarily renounce Ukrainian citizenship.

Step 2. Application to the court

The application to the court follows a procedure similar to that used in cases of establishing the fact of death in an occupied territory, but with certain specific features.

The application must clearly state why it is necessary to establish this fact and for what purpose, and explain its significance for the protection of the applicant’s rights, freedoms, and interests, or for creating conditions for their exercise or confirmation.

Important! The application must also request the court to restore the civil status record of death. A court fee is payable (with exceptions for certain categories of applicants).

The time limits for consideration and enforcement of the court decision are general.

Step 3. Obtaining the certificate

In this case, the procedure for obtaining the death certificate is the same as described for deaths in occupied territories (as outlined above).

If you require a consultation or assistance in applying to the court regarding the issuance of a death certificate, you may book a consultation via this link.

This informational material was created within the framework of a project implemented by Charitable Foundation “Caritas Mariupol” in cooperation with the Danish Refugee Council (DRC) and funded by the European Union’s Civil Protection and Humanitarian Aid Operations. The views and opinions expressed are those of the author(s) and do not necessarily reflect the views of the European Union or the DRC. Neither the European Commission nor the DRC can be held responsible for the content of this material.