Refworld | The Supreme Court Resolution of 20 November 2019

Title	The Supreme Court Resolution of 20 November 2019
Publisher	Ukraine: Supreme Court
Publication Date	20 November 2019
Country	Ukraine
Topics	Internal armed conflict \| Ukrainians
Citation / Document Symbol	243/12928/18
Cite as	The Supreme Court Resolution of 20 November 2019, 243/12928/18, Ukraine: Supreme Court, 20 November 2019, available at: https://www.refworld.org/cases,UKR_SC,61f7dde84.html [accessed 21 May 2023]
Comments	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.
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