The Supreme Court explained who has the right to establish the fact of death on the battlefield or in a combat zone

The Supreme Court clarified who can apply to the court with applications to establish the fact of death of a person in temporarily occupied territories or in areas where martial law or a state of emergency has been introduced.

The court recalled that after amendments to Article 317 of the Civil Procedure Code of Ukraine, such a right is not only granted to family members of the deceased or their representatives, but also to other interested persons if the establishment of the fact of death affects their rights, obligations or legitimate interests. These may include, in particular, heirs, persons claiming financial assistance, or other citizens whose rights are related to the legal confirmation of death.

The Supreme Court drew attention to the fact that when opening proceedings, courts must verify whether the applicant has the proper right to such an application. If a person fails to prove his legal interest or kinship with the deceased, this is an independent ground for refusing to satisfy the application.

Separately, the court emphasized that applicants in such cases can be not only relatives – practice already knows cases when heirs under a will or even military units applied to the court. At the same time, in some cases the Supreme Court emphasized: if legal consequences can be achieved in another way, the appeal to the court is unfounded.

The Supreme Court also emphasized that when considering such cases, courts must record in detail in their decisions documents confirming the applicant’s kinship or legal interest, since this is a mandatory procedural requirement.