Establishing the fact of death in the occupied territory

Because of the war, Olena was forced to leave her home in Berdiansk, which is currently occupied, and relocate to Zaporizhzhia. Despite the difficult circumstances, she tried to stay in contact with her father, who had remained in Berdiansk. However, one day she received devastating news - her father had died. The only confirmation of his death was a medical certificate issued by authorities appointed by the Russian Federation. However, such a document is not recognized in Ukraine and has no legal force there. As a result, Olena could not obtain a Ukrainian death certificate and therefore could not formalize inheritance rights, resolve property-related matters, or officially confirm the loss of her close relative.

To resolve this issue, she sought assistance from the NGO The Tenth of April. A lawyer provided her with comprehensive legal support: explained in detail the procedure applicable in cases of death in temporarily occupied territory, helped collect the necessary documents, and prepared an application to the court to establish the fact of death.

An important stage was the preparation of the evidentiary basis. Despite the limited access to official Ukrainian records in occupied territory, Olena and the lawyer managed to gather the necessary documents. The next step was submitting the case to the court. After reviewing the submitted materials, the court established the legal fact of death.

Based on the court decision, Olena was able to obtain a Ukrainian death certificate and resolve all related legal matters.

This story demonstrates how timely legal assistance helps people not only restore their rights but also regain a sense of justice and human dignity even in the most difficult circumstances.

This informational material was created within a project implemented by NGO "The Tenth of April" in cooperation with the Danish Refugee Council with financial support from the Government of the United States of America. The views and opinions expressed are those of the author(s) only and do not necessarily reflect the views of the Government of the United States of America or DRC. Neither the Government of the United States of America nor DRC can be held responsible for the content of this material.