Ukrainian courts don’t recognize documents confirming death in Donbas – CrimeaSOS

The lawyers of the civil organization “CrimeaSOS” have encountered numerous instances of Ukrainian courts unlawfully refusing to recognize death in the occupied territories.

According to the information provided by “CrimeaSOS” to the Human Rights Information Center , the lawyers have filed an appeal to such decision of the court.

“CrimeaSOS” reminds that the amendments to the Civil Procedural Code of Ukraine became effective back on February 19, 2016, meaning the amendments to Article 257.1, which regulates the accelerated procedure of confirmation of birth and death. Basically, this meant simplification of the procedure of confirmation of birth and death in the occupied territories of Ukraine: the period of decision adoption and further evidence obtainment would thus be shortened.

However, an applicant, whom the court had denied the confirmation of death in Donetsk Region in May 2016, contacted “CrimeaSOS”. According to the judge, the applicant obtained the evidence provided illegally. The applicant had attached the copies of the documents issued in the so-called “Donetsk People’s Republic” to the claim.

When adopting the decision, the court motivated its refusal based on the fact that the evidence provided was obtained in violation of the order prescribed by law, namely Article 59 of the Civil Procedural Code of Ukraine and the clarification of the plenum of the Supreme Court #5 from 3.03.1995 “On judicial practice in cases on the findings having legal significance”.

Currently the lawyer of the civil organization “CrimeaSOS” is curating the case, the appeal to the court ruling has been filed.

“CrimeaSOS” points out that the aforementioned situation is not an isolated case. Despite the simplification of judicial procedure of confirmation of birth/death that occurred in such territories, there are still plenty practical shortcomings: courts are overloaded, adoption of procedural decisions is stalled, financial, moral and physical toll on a person is exacerbated and so on. Therefore, the public demands that the administrative procedure of registration of such facts was made universally accessible, including judicial procedure of their confirmation in case of contradicting circumstances.

 

Source: Human Rights Information Center

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