Establishing the fact of death or declaring a military serviceman deceased: explaining the difference in simple terms
During a full-scale war, many families of military personnel face a painful and difficult situation—the lack of accurate information about the fate of a loved one. The question often arises: what legal path should be taken to file documents, receive social benefits, and act within the law? In this article, we explain the difference between …
During a full-scale war, many families of military personnel face a painful and difficult situation—the lack of accurate information about the fate of a loved one. The question often arises: what legal path should be taken to file documents, receive social benefits, and act within the law? In this article, we explain the difference between establishing the fact of death and declaring a military personnel member deceased, as well as what the Supreme Court pays attention to.
What is the determination of death?
Establishing the fact of death is a judicial procedure provided for in paragraph 8 of part 1 of Article 315 of the Code of Civil Procedure of Ukraine. It is applied when a person has definitely died, but the civil registry office cannot register the death due to the absence of official documents (for example, death occurred in an occupied territory).
The key here is the availability of irrefutable evidence of death. This may include medical documents, reports, confirmed eyewitness testimony, and other evidence that accurately confirms the fact of death, its time, and circumstances.
In its ruling of October 8, 2025, in case No. 357/9150/24, the Supreme Court emphasized that without such evidence, the court has no grounds to establish the fact of death.
When a person is declared dead
If a military serviceman goes missing during combat operations and there is no direct evidence of death, a different procedure applies—the declaration of a natural person as deceased (Article 46 of the Civil Code of Ukraine, Articles 305–309 of the Code of Civil Procedure of Ukraine).
In this case, the court does not establish the fact of death itself, but legally recognizes the high probability of death in circumstances that threatened life. The Supreme Court considers this approach to be correct when there are reports of disappearance, official investigation reports, or other documents that do not confirm death beyond doubt.
Why is this important for relatives?
Choosing the wrong procedure may result in:
- the court refusing to satisfy the application;
- a waste of time;
- delays in processing benefits and payments.
The Supreme Court also notes that in wartime, the law aims to protect the rights of missing persons, as a person may be in captivity or unable to make contact. That is why declaring a person dead is a precautionary measure and should be applied with caution.
Our recommendations
Before going to court, it is important to:
- assess whether there is irrefutable evidence of death;
- choose the right procedure;
- prepare a legally sound statement with reference to current case law.
In complex and sensitive cases involving the death or disappearance of military personnel, professional legal support helps to avoid mistakes and protect the rights of the family through legal means.
