The Chairs of Departments of the Senate ruled that an application for the annulment of a registration of a fact of death and of a death certificate shall be examined by administrative courts
27 February, 2019
When examining the request of a judge of the District Administrative Court to determine the jurisdiction of the case, the meeting of Chairs of Departments of the Senate indicated that the court in the case concerning the annulment of registration of fact of death does not have to establish the fact that the person is alive, but whether or not there was a basis for making a record in the death register. The subject of the dispute in such cases is the existence of preconditions for recording the information in the death register. According to Section 46, Paragraph three of the Law on Registration of Civil Status Documents, this issue shall be examined in accordance with the procedures specified in the Administrative Procedure Law.
In the present case, the applicant requests the annulment of the record of her brother's death in the register of civil status, since there was no legal basis for identifying the unknown deceased as the applicant's brother. In other words, the subject-matter of the dispute in the present case is the existence of preconditions for recording missing information in the death register. The missing information is recorded in the death register on the basis of a certificate issued by the medical institution regarding the identification of a person (corpse), the decision of the investigating authority or a court judgment.
The meeting of Chairs of Departments of the Senate acknowledges that an application for the annulment of an entry in the register of civil status regarding the death of a person's brother and of a certificate of death issued may be appealed under administrative procedure.
Decision of the meeting of Chairs of Departments of the Senate of February 1, 2019
Meetings of the Chairs of Departments of the Supreme Court, in which a question submitted by a judge or court regarding the jurisdiction of a case is settled, in accordance with Section 50, Paragraph five of the law “On Judicial Power” are convened by the Chief Justice of the Supreme Court, who shall participate in these meetings having voting rights.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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