Sulyk Roman

Head of family law practice

E-mail

sulyk@prikhodko.com.ua

Phone numbers

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Declaration of a missing person

Declaring a person missing is an important legal process. This procedure allows you to establish the legal status of a person who has been missing for a long time and to resolve the legal consequences for their relatives, property, and other legal aspects.

The concept of missing persons

A missing person is a situation where a person’s whereabouts are unknown for a long period of time and there is no way to establish their whereabouts. Such disappearance may be voluntary or involuntary due to military action, disasters, crimes, mental disorders, or other circumstances.

Recognizing a person as missing is important for their family and society. It allows loved ones to resolve legal issues related to property, inheritance, social benefits, and other aspects.

It is worth understanding the difference between missing and deceased

Missing and deceased are two different legal statuses that have their own characteristics and consequences.

Missing person – this is the status of a person whose whereabouts have not been known for a long time.

Signs of a missing person:

Lack of information about the person’s whereabouts.
There is no confirmation of the person’s death.
A missing person report has been filed with law enforcement.

Dead – this is the status of a person whose death has been officially certified.

Signs of a deceased person:

Availability of a death certificate or a court decision declaring the person deceased.
The fact of a person’s death is legally established.

The procedure for declaring a person missing consists of several stages:

Contacting the police or authorities
If a person goes missing, the first thing to do is to notify law enforcement agencies that are conducting a search. The police will register a missing person report and begin a search.
Filing a claim with the court
If the search is unsuccessful and the person’s whereabouts remain unknown for more than one year, interested parties (relatives, guardians, legal entities) may file an application with the court to declare them missing.

The application must indicate:

circumstances of the disappearance;
the date and place of the person’s last known whereabouts;
evidence confirming the fact of disappearance (police responses, statements from relatives, documents).

Trial
The court considers the evidence provided, hears witnesses and makes a decision. If it is established that the person’s whereabouts have been unknown for more than a year and there is no evidence of their death, the court declares them missing.
Legal consequences
After the court decision is made:

A person’s property may be transferred to the management of relatives or state authorities;
relatives can receive social benefits (pensions, benefits);

In order to declare a person missing in court, certain evidence must be collected and presented to the court.

The list of evidence depends on the specific circumstances of the person’s disappearance, but usually includes the following:

Documents:

A missing person report was filed with the police.
Police certificate on registration of a missing person report.
Documents proving the identity of the missing person (passport, birth certificate, etc.).
Documents confirming the applicant’s family ties with the missing person (marriage certificate, birth certificate of children, etc.).

Witness statements:

Testimony from persons who last saw the missing person or have any information about his disappearance.
Testimony from neighbors, work colleagues, friends, and relatives of the missing person.

Other evidence:

Photos and videos of the missing person.
Correspondence of the missing person (electronic, regular).
Information about the location of the missing person (phone geolocation, data from surveillance cameras, etc.).
Certificates from medical institutions if the missing person had health problems.
Other documents or materials that may help in clarifying the circumstances of the disappearance of a person.

It will also be useful: Declaring a relative missing

Peculiarities of missing persons in wartime

The war in Ukraine has significantly increased the number of missing persons. In 2022, a law was passed that provides for:

creation of a Unified Register of Persons Missing in Special Circumstances;
the possibility for relatives to obtain a certificate of missing person for social benefits;
simplified trial procedure.

Recognizing a person as missing is an important legal mechanism that helps to resolve the legal consequences of a person’s absence. It protects the interests of relatives and provides them with social support.

Declaration of a missing person

It is worth understanding the difference between missing and deceased

Signs of a deceased person:

The procedure for declaring a person missing consists of several stages:

In order to declare a person missing in court, certain evidence must be collected and presented to the court.

Peculiarities of missing persons in wartime

Contacting a lawyer is important because he or she will help:

You may also need:

Andrey Prikhodko