Фото: Recognition of a person as missing or dead

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Hrihorieva Anastasia

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Recognition of a person as missing or dead

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It is impossible to predict a person's life, and therefore there may be cases when a person disappears without a trace.

It is usually difficult for family members and close relatives to believe in the occurrence of such a case since in practice there is nothing you can do about it and you have to accept the situation.

In addition, when a person's location is unknown, the best course of action would be to do everything possible to keep their belongings safe and intact until possible return.

However, if a citizen cannot be found for a long period of time, what should be done then?

In this article, we will try to answer this question and talk about the features of recognizing a person as missing or dead.

When can a person be recognized as missing?

  • if the citizen does not appear at his place of registration (permanent residence) within 1 year;
  • relatives and family members or any other interested persons do not know where the citizen is for 1 year;
  • measures taken to establish the permanent location of the missing citizen did not yield any results (in practice, these are usually measures related to the search for a person by law enforcement agencies);
  • if the applicant needs to recognize a missing citizen as missing in order to exercise his legal rights or interests.

photo Recognition of a person as missing or dead

What are the legal consequences of recognizing a citizen as missing?

If, according to the court decision, a citizen was recognized as missing, the notary describes all the property belonging to such a person and establishes guardianship over it.

The appointed guardian of a citizen's property can only manage this property in the interests of the missing person, repay debts at the expense of this property, and provide maintenance to persons in need of legal care.

The guardianship is terminated only if the court decision declaring the citizen missing was canceled, namely:

  • if the citizen appeared at his permanent place of residence;
  • if law enforcement agencies have established the actual location of the previously missing citizen.

When can a person be declared dead?

  • if the citizen does not appear at his place of registration (permanent residence) within 3 years;
  • if the citizen disappeared under circumstances that could threaten his death or the occurrence of an accident - within 6 months;
  • if the citizen disappeared under the circumstances as a result of man-made and natural events (floods, earthquakes, tsunamis, typhoons, etc.) - within 1 month from the moment when the special commission for emergency situations completed its work;
  • if a citizen disappeared due to a military or armed conflict - after the end of hostilities within 2 years (however, in some cases, by a court decision, not earlier than after 6 months).

Importantly! A citizen is recognized as missing or dead only by a court decision by submitting a corresponding application. Such cases are considered within the framework of separate proceedings. The application should indicate the facts that confirm the absence of a citizen at the place of residence and the purpose for which the application was submitted.

If a citizen has been declared dead, then interested persons receive a death certificate of such a person.

photo Recognition of a person as missing

If you have any questions regarding the recognition of a person as missing or deceased, please contact the Prikhodko and Partners law office.

We will provide detailed answers to questions regarding any issue of Ukrainian legislation, as our lawyers are always ready to help the company's clients solve their problems. Get in touch!

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Family law lawyer. Specializes in divorce and probate matters.

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