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- The permit for exhumation and transfer of remains is issued by the sanitary inspection (sanitarna inspekcija). To take the remains abroad, a transit permit (sprovodnica) is also required.
- Both the inspection and municipal cemetery companies require the consent of the grave owner (vlasnik grobnog mjesta). If there is a family dispute, it must be resolved first, including through the courts.
- The exhumation itself is carried out by the municipal company that maintains the cemetery.
- Documents for Ukraine require an apostille: both Montenegro and Ukraine are parties to the Hague Apostille Convention.
- Our exhumation service costs from 500 € plus the cost of transport (repatriation) from Montenegro. We calculate the exact amount based on your situation.
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In Montenegro, a grave belongs to a specific person or family: the owner or user of the grave plot. In practice, their consent is mandatory. The municipal company of Nikšić and the sanitary inspection stated this directly to an applicant in 2019. The inspection explained that it checks whether there is any dispute over the grave. If there is a dispute, the parties are told to resolve it first before submitting an application.
This is not just theory. In the case of Drašković v. Montenegro (2020), the European Court of Human Rights examined this exact situation: a widow wanted to move her husband's remains from Montenegro to a family plot abroad, while her husband's nephew, the grave owner, refused to give consent. The Court found a violation of the right to private and family life because Montenegro lacked an authority and rules to resolve such a dispute. The takeaway for families is simple: reach an agreement with the grave owner before submitting any paperwork.
If the family is in Ukraine, traveling to Montenegro is usually not necessary. We prepare the application, and you sign a power of attorney and written consent. A notary certifies the signatures, followed by an apostille and translation into Montenegrin.
Law and Permits
The procedure is set out in the Rulebook on the conditions and manner of exhumation and transfer of deceased persons (Pravilnik o uslovima i načinu iskopavanja i prenosa umrlih lica, Službeni list SRCG 11/88). The ECHR cited it in its 2020 judgment as follows:
- the permit and conditions for exhumation and transfer within the country are set by the municipal sanitary supervision authority;
- for exhumation and transport across the state border, a permit from the state-level sanitary inspection (approved by the Ministry of Interior) and a transit permit (sprovodnica) from the local sanitary inspection are required;
- a representative of the sanitary inspection must be present during the exhumation.
In 2018, such decisions were issued by the Directorate for Inspection Affairs, Department of Health and Sanitary Inspection (Uprava za inspekcijske poslove, odsjek za zdravstveno-sanitarnu inspekciju). An inspector's decision can be appealed to the Ministry of Health, and then to the Administrative Court. This is how the Government of Montenegro described the procedure in the same case.
Whether the rulebook has been amended after 2020 and what the authority is currently called is something we verify with the local authority before filing the application. The official processing time is not published, so we also confirm this with the inspection.
Exhumation without a permit is a crime in Montenegro. Article 410 of the Criminal Code punishes unauthorized exhumation or removal of remains with a fine or imprisonment for up to one year.
When It Is Possible
The sources we reviewed do not mention a minimum waiting period after burial. Nor do they mention a specific "season" for exhumation. However, the inspection assesses sanitary safety before issuing a permit. The Government of Montenegro stated directly that even with the owner's consent, an exhumation is not carried out without such an assessment. Therefore, the inspector sets the date and conditions. We verify specific cemetery rules and restrictions related to infectious diseases with the local authority.
One more practical point. In Montenegro, burials often take place in family vaults (grobnica) that hold several people. If the remains have mingled with others, moving only your relative may be impossible or may require forensic examination. We ask the municipal company about the condition of the grave before filing the application.
How the Exhumation Takes Place
The work is carried out by the municipal company that maintains the cemetery. In Nikšić, this is "Komunalno Nikšić"; other cities have their own municipal companies. A representative of the sanitary inspection is present. We check on site whether the family is allowed to attend.
For transport to Ukraine, the remains are placed into a new hermetically sealed transport coffin with a zinc liner. We did not find specific coffin requirements for international transit in Montenegrin legal texts. We use a hermetically sealed transport coffin with a zinc liner and fulfill any additional conditions exactly as the inspector writes them in the decision.
Cremation after exhumation: we did not find separate rules on this. We verify with the local authority whether this is possible in your case.
Documents for Transfer to Ukraine
- decision of the sanitary inspection granting permission for exhumation and transfer abroad;
- transit permit for remains (sprovodnica);
- written consent of the grave owner;
- death certificate (izvod iz matične knjige umrlih);
- document confirming the new burial plot in Ukraine;
- power of attorney for us, if the family is not traveling.
Montenegrin documents for Ukraine are apostilled, and we then translate them into Ukrainian. Before departure, we coordinate the accompanying documents with the Embassy of Ukraine in Montenegro. A general list is available on the documents page.
Reburial in Ukraine
A new burial in Ukraine requires permission from the executive body of the local council at the new burial location. We start preparing these documents at the same time as the Montenegrin ones, because the inspection needs to see exactly where the remains will be taken. We explain how to get the permit and what the cemetery requires in the article exhumation and reburial in Ukraine.
How Much Exhumation Costs in Montenegro
We did not find official state tariffs for exhumation. Each municipal company has its own price list, so we check the exact amount with the local authority for the specific cemetery. The following are paid separately:
- work of the municipal company at the cemetery;
- a new hermetically sealed metal coffin for transit;
- notary, apostille, and translations;
- dismantling of the headstone, if the family is taking it.
Our exhumation service costs from 500 € plus the cost of transport (repatriation) from Montenegro. We calculate the exact amount based on your situation. For transport, we work without prepayment: payment is made after handover according to the contract. Details about the transport itself are on the body repatriation from Montenegro page.
How Long It Takes
| Stage | Estimated time |
|---|---|
| Initial call, identifying the cemetery and grave owner | 1–3 days |
| Owner's consent, power of attorney, apostille, translation | 1–3 weeks |
| Documents for the burial plot in Ukraine | 1–2 weeks, in parallel |
| Review of the application by the sanitary inspection | we verify with the inspection |
| Exhumation, coffin, sprovodnica | 1–2 weeks after permit |
| Transport to Ukraine | a few days |
| Reburial | as agreed with the cemetery |
These are our estimates, not a promise. Timeframes depend on authorities beyond our control. If there is a dispute over the grave, the process can drag on for months.
Frequently asked questions
Is it possible to carry out an exhumation in Montenegro and move the person to Ukraine?
Yes. You need a permit from the sanitary inspection, the consent of the grave owner, and a transit permit (sprovodnica). The work is carried out by the cemetery's municipal company.
Who issues the exhumation permit in Montenegro?
The sanitary inspection. For transport abroad, under the 1988 rulebook, a state-level permit approved by the Ministry of Interior is required. We verify the current procedure and the exact name of the authority before applying.
What if the grave owner does not agree?
In that case, the inspection will not process the application until the dispute is resolved. First, we try to reach an agreement. If that fails, the only option left is court through a local lawyer, and no one can guarantee the outcome.
How many years must pass after the burial?
There is no minimum period mentioned in the sources we reviewed. The inspector makes the decision after a sanitary assessment.
How much does exhumation cost in Montenegro?
There is no single tariff; the municipal company sets the price for the cemetery work. Our exhumation service costs from 500 € plus transport to Ukraine.
Do relatives need to travel to Montenegro?
Usually not. A notarized power of attorney and consent with an apostille are sufficient.
What to Do Now
- Find the name of the cemetery and city, the grave number, and the death certificate.
- Find out who the grave owner is and talk to them about giving consent.
- Decide where the new burial will take place in Ukraine.
- Call us. We will check the requirements of the inspection and the municipal company, and prepare the application and documents.
We work 24/7, including on Viber, WhatsApp, and Telegram.
Sources
- ECHR, Drašković v. Montenegro, application no. 40597/17, judgment of 09.06.2020 (HUDOC): Pravilnik 11/88, sanitarna inspekcija, sprovodnica, owner's consent, Art. 410 CC
- Committee of Ministers of the CoE, CM/ResDH(2021)158 (execution of judgment)
- HCCH: Apostille Convention status table (Montenegro, Ukraine)
- Embassy of Ukraine in Montenegro
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