Are Documents from Temporarily Occupied Territories Recognized in Ukraine
Due to Russia’s aggression against Ukraine and the temporary occupation of part of Ukrainian lands, many residents face questions regarding the legal validity of documents issued by the occupation authorities. After the start of the war and the loss of control over certain regions, Ukrainian legislation clearly defines the status of these documents and the possibilities for their lawful registration for citizens who leave the combat zone or temporarily occupied areas. Ukrainian laws unequivocally state that any documents and acts issued by occupation administrations, including those from illegal authorities, have no legal validity. This applies to documents such as birth certificates, death certificates, marriage, or divorce certificates issued by illegitimate Russian bodies or their controlled structures. According to Part 3 of Article 9 of the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine," any acts emanating from illegal government structures are invalid from the moment of their issuance and have no legal consequences on Ukrainian territory. This legal norm is very important for citizens who, due to circumstances, were compelled to obtain documents under occupation but do not intend to recognize their legal validity in Ukraine. This means that Ukrainian local authorities and state registries do not recognize such documents for the purpose of carrying out important legal actions or confirming civil status facts. At the same time, Ukrainian legislation provides mechanisms allowing citizens to obtain legal confirmation of vital facts such as birth, death, marriage, or paternity establishment. According to Article 9 of the Law, any individual or their legal representative has the right to apply to the civil registration bodies (DRACTS) operating on the controlled territory of Ukraine with a request for the state registration of the relevant fact. Such an application must be accompanied by documents confirming the fact, such as certificates, extracts, or court decisions. After reviewing the documents, the DRACTS authority is obliged to accept them and carry out the appropriate registration. If the provided documents cannot be used for registration, the applicant is entitled to be informed of the possibility to apply to the court for an official determination of the fact. Legislation also provides for the possibility of involving the court to confirm documented facts when original documents issued by occupation authorities have no legal force. Upon issuing a court decision, the state registrar updates the necessary data in the State Register of Civil Status Acts, thereby ensuring the legal status of the fact or event in accordance with Ukrainian law. Thus, the Ukrainian legal system has a clear mechanism to protect the rights of citizens who obtained documents during temporary occupation. The possibility of conducting state registration of civil status facts via court proceedings ensures recognition of their legal status and further use in life. This is especially important for those seeking to restore their documentation, change their surname, or obtain official confirmation of their status, regardless of the condition of documents issued by the occupation administration. Finally, we remind citizens that, in accordance with legislative changes, it is necessary to update documents in the prescribed manner after changing surnames or other circumstances in order to ensure their legal validity and relevance. Legislation aims to create as transparent and accessible mechanisms as possible to protect the rights of Ukrainians in the difficult conditions of war and temporary occupation, providing the opportunity to restore and confirm their civil status within Ukraine’s legal framework.