How to Register a Death in Occupied Territory and Obtain a Ukrainian Death Certificate

If a person died in the temporarily occupied territory of Ukraine, it is impossible to obtain a Ukrainian death certificate in the usual manner. At the same time, the legislation provides a special mechanism that allows officially confirming the fact of death, conducting state registration, and obtaining a Ukrainian-standard document.

To do this, it is necessary to apply to the court with a statement to establish the fact of death. After the relevant decision is made, the civil status acts registration authority (DRACS) carries out the state registration of death and issues the certificate. This procedure is important, in particular, for inheritance processing, social payments, and resolving other legal issues.

Who has the right to apply to the court

According to Article 317 of the Civil Procedure Code of Ukraine, a statement to establish the fact of death of a person in temporarily occupied territory can be submitted by:

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

To which court to submit the application

The application can be submitted to any court in the territory of Ukraine located outside the temporarily occupied territory. The applicant’s place of residence does not matter.

At the same time, no court fee is charged for submitting such an application. This is provided for in paragraph 21 of part one of Article 5 of the Law of Ukraine "On Court Fees."

What should be indicated in the application

The application must specify:

• which fact the applicant requests to establish;
• for what purpose it is necessary to establish this fact;
• circumstances confirming the death of the person;
• evidence confirming the stated circumstances.

What evidence can be provided to the court

Various types of evidence can be used to confirm the fact of death, including:

• written documents;
• applicant’s explanations;
• witness testimonies;
• photo, audio, and video materials;
• physical evidence;
• expert conclusions;
• other documents confirming the fact of death.

How the court considers such cases

Cases on establishing the fact of death of a person in temporarily occupied territory are considered by the court promptly from the day the application is received.

Based on the consideration, the court may:

• establish the fact of death of the person;
• return the application if it is improperly formatted or lacks necessary documents;
• deny satisfaction of the application if the provided evidence is insufficient.

The court decision also explains the procedure for its appeal.

What happens after the court decision

After the decision is made, its copy is immediately issued to the parties involved or promptly sent by the court to the civil status acts registration authority (DRACS) at the place where the decision was made for state registration of death.

If the decision is received by DRACS directly from the court, the state registration of death is carried out on the day of receipt without any person’s application.

How to obtain the death certificate

To obtain the death certificate, it is necessary to contact any department of the civil status acts registration authority and submit:

• a copy of the court decision establishing the fact of death;
• passport of a citizen of Ukraine.

State registration of death is carried out upon the application of persons who were applicants in court, as well as heirs of the deceased.

If the court independently sent the decision to DRACS, the death certificate is issued to the applicant upon their visit to the civil status acts registration authority.

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