Recognition of the fact of birth or death in the temporarily occupied territory under the rules of special proceedings

This study investigates the practice of application of the special civil proceedings, in particular the recognition of the fact of birth or death of an individual in the temporarily occupied territory of Ukraine. The study analyses certain regulations and legislative changes adopted to protect the rights and subjects of legal relations in connection with the armed aggression of the Russian Federation, committed to violate the sovereignty and territorial integrity of Ukraine, which is considered relevant to this subject. Attention is drawn to the difficulties of proving this fact, the specific features of the procedure for consideration of cases of this category, the subjective composition of procedural legal relations and the consequences of the entry into force of a court decision. In addition, the category of cases considered in the study is described by specific rules of jurisdiction. The purpose of the study is to analyse the practice of applying the rules of civil procedural law in cases of the specified categories. In this regard, attention is drawn to the application of the so-called Namibian Exception, developed in connection with the need to provide evidence related to their issuance in the temporarily occupied territories of the state. Therefore, the methods used to achieve the purpose of the study are conditioned by the need for scientific cognition of the described phenomena. Therefore, in preparing the study, a comparative legal method of legal regulation was used, which lies in a comparative analysis of the negative consequences of social and legal phenomena associated with armed aggression against Ukraine and other states, including the Republic of Cyprus. Hermeneutic interpretation was used to represent the legal provisions of other states. An analytical-synthetic approach was also used, which involves analysis and synthesis, in particular parametric synthesis. It lies in substantiation of necessity and sufficiency of set of indicators. The results and recommendations of the author include proposals for legislative consolidation of the specific features of consideration of civil cases by courts related to the protection of legal relations that have arisen (exist) in the temporarily occupied territory of Ukraine, and for improvement of the proof of certain legal relations

Doi: 10.37635/jnalsu.27(4).2020.161-171