Establishment of legal facts

Establishment of facts that have legal significance is a method of confirming facts that give rise to certain rights and obligations of a person in cases where it is not possible to do it in another way, that is, there is no administrative procedure or it is impossible.

The legislation of Ukraine defines a non-exhaustive list of legal facts to be established by the court. such facts include:

• establishing the fact of birth
• establishing the fact of death
• establishing the fact of registration of marriage, divorce, adoption
• establishing the fact of living as one family without marriage registration
• establishing the fact of mutilation
• establishing the identity of a person in case of discrepancy between passport and birth certificate data
• establishing the fact of living in a certain territory
• establishment of citizenship of Ukraine

Objectively, the most popular facts currently established by the courts of Ukraine are the fact of birth in the occupied territory and the fact of death in the non-controlled territory. we will dwell on them in more detail.

ESTABLISHING THE FACT OF BIRTH IN UNCONTROLLED TERRITORY OF UKRAINE

In essence, the real request of citizens is to obtain a Ukrainian-style certificate for a child born in the occupied Crimea or some areas of the Donetsk and Luhansk regions. According to the legislation of Ukraine, the basis for issuing a child's birth certificate is a medical certificate of birth from a maternity hospital. Citizens of Ukraine who gave birth to children in the above-mentioned territories receive certificates with stamps and on forms that cannot be recognized as official documents in Ukraine. Therefore, parents are forced to obtain certificates from unrecognized republics or a Russian certificate in Crimea. Accordingly, such certificates cannot be used in any of the civilized countries. Therefore, in this case, the only way out is to establish the fact of the child's birth through the court, since the administrative procedure of obtaining a birth certificate of the Ukrainian model through the RAC is impossible. The result of the trial is a decision to establish the fact of birth, with this decision the mother or father applies to the civil status registration authority and receives a Ukrainian-style birth certificate.

ESTABLISHMENT OF THE FACT OF DEATH IN THE OCCUPIED TERRITORY

As in the option described above, if a person died in the occupied territory of Crimea, Donetsk or Luhansk regions, relatives on the spot can receive only certificates of unrecognized republics or Russian. Such certificates cannot be the basis for opening inheritance cases on the territory of Ukraine, therefore, relatives apply to Ukrainian RACs to obtain a Ukrainian sample of a death certificate. The basis for issuing a death certificate is a medical death certificate, which also cannot be accepted by the RAC, as it was issued in non-controlled territories. In order to apply to the court, the relatives of the deceased must provide a maximum of documents and materials that confirm the very fact of the person's death. In particular: medical death certificate and death certificate from non-controlled territories, passport of the deceased, documents confirming family relations with the deceased, information on first-line heirs, data of witnesses who can testify in court, photos of the burial, etc. Each situation is unique and accordingly the list of documents may be different.

JU ENWOLT lawyers will be happy to help you establish facts that are of legal importance to you. We will provide you with high-quality consultation, help you prepare documents, write a statement and, if necessary, represent your interests in court. Contact us, we will be happy to help!