Stories like the case of a resident of Kherson region Ivan Lugovoy*, who applied for legal aid to Bilozerka office of the Legal Development Network, unfortunately, became typical, especially for the regions that border with the temporarily occupied territories.
About a year ago, Ivan’s mother went to visit her daughter in Sevastopol. In December 2016, the woman died in the territory of the Autonomous Republic of Crimea. The son was given her death certificate of the sample of the Russian Federation.
When Ivan turned to Bilozerka district department of the state registration of civil acts to register the death according to the Ukrainian legislation and to accept the inheritance he was denied, because the document issued by the occupation authorities of the Crimea is invalid and does not create any legal consequences on the territory of Ukraine.
The Office lawyer Vyacheslav Lyakh took the case of Mr. Lugovoy. He told the man that there is a legal mechanism to obtain the legal death certificates of the state sample.
"In accordance with part 1 of article 11-1 of the law of Ukraine "On ensuring rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine" in case the last residence of the testator is a temporarily occupied territory, the place of opening the inheritance is the place of filing the first application, which indicates the expression relative to the estates, heirs, executors, persons interested in the protection of the hereditary property, or the claims of creditors", said the lawyer. “Crimea is an integral part of Ukraine, so the law establishes the government obligation to take all necessary measures to guarantee the rights and freedoms of citizens residing on the temporarily occupied territory".
In this regard, Vyacheslav Lyakh immediately prepared a statement to the court in a separate procedure for establishing the fact of death of his mother.
On the same day, the man went to court and received a positive decision. The registry office issued him the death certificate.
*The name is changed for ethical reasons.
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.