To establish the fact of death that occurred in the temporarily occupied territory and obtain the corresponding Ukrainian certificate, you need to go to court. The fact of birth during the occupation can be established both without a court hearing and in court. Such cases must be considered by the courts immediately. No court fee is charged. How the procedure works and where you can apply for free legal assistance to resolve these issues — further in the material.
It is important to collect all documents
The court does not “legalize” documents issued by the occupiers, but establishes a fact that has legal significance. To do this, it may take into account, in particular, medical documents issued in the occupied territory.
Therefore, it is important to obtain from medical institutions all documents that can certify the relevant fact, for example: a medical certificate of death, a medical certificate of birth, etc.
Accepting such documents does not mean cooperation with the occupation authorities. Therefore, there is no need to be wary of receiving them.
It is also important to make copies (photos) of all received documents and store them in a safe place, for example, in a cloud storage, flash drive, etc.
How to obtain a death certificate
In short, the procedure is as follows: a relative applies to the DRACS for a death certificate. The DRACS refuses in writing. The relative establishes the fact of death in court and, with the court's decision, applies again to the DRACS - and receives the document.
Therefore, an application to the court for the establishment of death can only be submitted by people who have a family relationship with the deceased. In order for the court to make a decision to establish the fact of death on the TOT, evidence is required that confirms that this person is indeed dead. Witnesses may be involved for confirmation, but their words or testimony alone are not enough. Documents are required, for example:
- medical certificate of death;
- certificate of cause of death;
- death certificate.
If the paper original cannot be obtained, it can be a scanned copy or photo.
Additional evidence may include photos from the burial site, copies of contracts for the purchase of funeral services, and witness statements.
Installation procedure
- The relatives of the deceased must collect all available evidence and contact the DRACS with it.
- The DRACS must issue a written refusal, since the DRACS does not register deaths based on documents issued at the TOT.
- The DRACS should also advise you to go to court.
If the DRACS has not issued a written refusal and refuses to do so, contact them officially through a written appeal. Since, according to the Law of Ukraine "On Citizens' Appeals", each appeal must be registered and each must be answered.
You can then file an application to establish the fact of death on the TOT to any court, regardless of the place of registration.
If the court establishes the fact of death on the TOT, then this decision becomes legally binding from the moment of its adoption and is subject to immediate execution. Then you can re-apply to the DRACS for a death certificate.
To whom does the state guarantee free assistance in applying to court?
To the displaced, people with low incomes, people with disabilities who receive a low pension or social assistance, war veterans, to family members of deceased war veterans, family members of deceased Defenders of Ukraine, to children. These categories of citizens can seek assistance not only in establishing the facts of death or birth, but also in other matters.
How to get a birth certificate
If a child was born in the temporarily occupied territory, his or her parents have the right to receive a Ukrainian birth certificate. Currently, there are two procedures for state registration of a child's birth in the TOT: extrajudicial and by court decision.
Extrajudicial method
To use it, you need to obtain a medical certificate of the child's birth and be sure to make and save a copy or photo of it, since the original will have to be given to the civil registry office at the TOT.
An electronic copy of this medical certificate, together with an application for state registration of birth, drawn up in any form, and copies of other documents necessary for such registration, must be sent to the email address of the Department of State Registration of Civil Status Acts in Chernivtsi Region, State Registration Office of the South-Western Interregional Department of the Ministry of Justice of Ukraine in Ivano-Frankivsk.
The application for state registration of birth must contain information about:
- child (last name, first name and (if available) patronymic, gender, date of birth, place of birth);
- mother and father (last name, first name and (if available) patronymic, date of birth, citizenship, registered place of residence (if available), details of passport or identity document).
If the application for state registration of birth is not submitted by the child's parents or one of them, additional information about the applicant (surname, first name and (if available) patronymic, details of the passport or passport document certifying the identity) is provided.
If there are no discrepancies in the documents provided, a birth certificate is issued. If discrepancies are found, the fact of the child's birth at TOT can be established in court.
The birth certificate is issued on the day the birth record is drawn up and remains in the civil status registration department, and a scanned copy is sent to the applicant's email address and the procedure for further obtaining the original certificate is explained.
Thus, the applicant, the child's parents (one of them), the grandmother, grandfather, adult brother and sister, aunt, uncle, stepmother, stepfather of the child or their representative, acting on the basis of a notarized power of attorney or one of the documents certifying authority in accordance with the Law of Ukraine "On the Bar and Advocacy", as well as the Commissioner for Human Rights of the Verkhovna Rada of Ukraine in person or through his representative, have the right to obtain a birth certificate and, in cases provided for by law, an extract from the Register of State Registration of Birth.
The extrajudicial procedure is guaranteed by the Order of the Ministry of Justice of Ukraine "On streamlining relations on state registration of birth and obtaining birth documents under martial law" for residents of territories that were occupied after February 24, 2024.
Judicial method
If the parents are in the territory controlled by Ukraine, then in order to obtain a Ukrainian birth certificate based on a court decision, you must apply to the court with a claim to establish the fact of the child's birth in the TOT. Along with the application, copies of documents confirming the fact of birth, including a medical certificate, are provided.
If the child's parents are on TOT and have an electronic digital signature, they can independently apply to court through the Electronic Court system.
In this case, there is a certain peculiarity - the applicant must provide the court with confirmation that he independently sent this application to other participants in the legal process - the territorial department of the DRACS.
So first you need to send an application to the DRACS by email and take a screenshot, which will be confirmation.
The court decision establishing the fact of birth is received by the applicants, and it is also sent for execution to the DRACS, which must issue a certificate.
How to contact the BPD system
You can get a consultation by phone or online, as well as at the nearest legal aid office throughout Ukraine: https://legalaid.gov.ua/kliyentam/yak-otrymaty-bpd/