Suchergebnisse

The article examines the functioning of the judicial procedure for establishing the facts of birth and death on the temporarily occupied territory of Ukraine in terms of its regulation and effectiveness. The authors analyze the procedural nature of the separate proceeding according to national legislation of Ukraine in comparison with legal framework of several foreign states. As a result, it has been stated that the establishment of the above-mentioned legal facts is not the only Ukrainian know-how. Specific attention has been paid to the issues of juridical technique regarding the determination of participants that can submit an application in order to set a fact of birth or death of a person. In particular, it has been found that Ukrainian legislator does not circumscribe such categories as "persons who can hand in an application" and "applicants". It has been delineated that lodging an application by the applicant's attorney does not substitute the presence of the independent legal interest, which is necessary to become applicant. In addition, the article explores the process of proving. It has been concluded that the burden of proof rests on the applicant. However, the court is obliged to be an active participant of the proving in order to establish the circumstances of the case, namely: to request evidence, order to carry out expertise etc. The subject-matter of the cases concerning the establishment of facts of birth or death of a person on the temporarily occupied territory of Ukraine comprises, inter alia, the circumstances regarding time and place of birth (death), familial relationships between the applicant and the person who was born (died). Finally, the article examines the enforcement of the "Namibian exception" in the context of the evaluation of the evidence.