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The woman after the prison argued that she "exists"
The woman after the prison argued that she "exists"Photo from Google

Drug problems forced Kateryna Klymenko to escape from the country in order not to be jailed. The woman disappeared and anyone did not hear from her more than 10 years. Kateryna left her young son in Ukraine. In order to take care of her nephew, Kateryna’s sister judged that she was missing. However, justice found the fugitive in Georgia, and the woman spent four years in prison for committing the offense. And when she returned, it turned out that she was recognized as the missing. The woman had to prove that she "exists". In this she was assisted by the legal adviser of Kovel branch of the Legal Development NetworkNatalia Dubrova.

Kateryna Klymenko asked for free aid at the network office of Community Growth Center. In 2000, she left Ukraine to Georgia to avoid criminal responsibility and punishment. The woman was dealing with drugs. She left her little son and her mother. In 2003, the mother died. The boy stayed with her older sister. In order to take care of the child, the sister had to legally declare Kateryna the missing. In 2005, the court satisfied her claim.

According to the court ruling, since January 1, 2000 Kateryna Klymenko is a missing person.

However, in 2012 she was detained by law enforcement officers in Georgia and sent to Ukraine to serve her sentence.

The woman spent 4 years in jail and was released in 2016. However, when she applied to the local Center for the provision of administrative services for the registration of the place of registration, officials refused her, indicating that she was found to be missing in the court decision. The woman was advised to go to court to resolve this issue. Kateryna asked for help from the lawyers of the Kovel Office.

“In accordance with Article 45 of the Civil Code of Ukraine, if a natural person who has been found to be missing has appeared, the court at the place where she is staying or the court that ruled on the recognition of this person is missing, based on the application of this person cancels the decision to recognize the physical person as missing”, explained Natalia Dubrova.

Therefore, the lawyer of the Office prepared Kateryna's application for the annulment of the decision to declare her unintentionally absent. The woman paid the court fee and filed a lawsuit. At the end of May, a court hearing was held on the application.

The judge personally saw Kateryna Klymenko and granted her application.

P.S. The little boy, whom his mother left many years ago, has already grown, studies and lives in Kyiv.

*The name is changed for ethical reasons.

P.S. Offices of Legal Development Network are created and work with the financial support of Human Rights and Justice Program Initiative of International Renaissance Foundation. You can learn more about activity of Network, basics and principles of work on Legal Space website.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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