Political and security situation / Internal armed conflict

On 26 December 2019, the Supreme Court issued a decision in a case concerning the registration of the fact of death having occurred in Donetsk NGCA. The application was submitted along with the claim for the accumulated pension debt of a deceased husband. There was no decision regarding the accumulated pension debt, since the first step concerned registration of the fact of death that occurred in the NGCA and exemption from the court fee. In its decision the Supreme Court interprets a complex legal rule which regulates the exemption from court fees in cases establishing legal facts (birth, death, marriage etc.) “that were submitted to the court in connection with armed aggression, armed conflict, temporary occupation and resulted in internal displacement, wounds, captivity or violated property rights”. The Court insisted that such exemption should be granted only if an application is submitted in relation to an armed conflict (e.g. death due to shelling or wounds), while in the present case recognition of the fact of death is related to the issue of pension. In addition to this, the Court stated that in cases related to the registration of the fact of death of those who went missing or dead during the ATO/JFO but on reasons not directly related to hostilities, the applicants are obliged to pay court fees, but may request their reimbursement.

20 November 2019 | Judicial Body: Ukraine: Supreme Court | Document type: Case Law | Topic(s): Internal armed conflict - Ukrainians | Countries: Ukraine