Head of family law practice

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.

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Declaring a relative missing

Declaring a relative missing

In the context of the large-scale armed conflict that was carried out by the Russian Federation on February 24, 2022, the issue of recognizing relatives as missing has become widely relevant.

First of all, this is due to the fact that during active hostilities it is not always possible to reliably have information about the current location of an individual, because he may serve in the Armed Forces of Ukraine and be captured, forcibly stay in a temporarily occupied territory, etc.

As a result, the issue of recognizing such a person as missing arises if it is impossible to establish his location for a long time.

How can this be done in practice – tell the lawyers from the law firm “Prikhodko and Partners”.

Who is the missing person?

Missing person – is a natural person who has gone missing due to special circumstances, namely:

  • due to the presence of a military armed conflict in the state;
  • due to active hostilities in the country;
  • due to the temporary occupation of part of the state’s territory;
  • in connection with the occurrence of natural or man-made emergencies (these usually include various types of natural disasters, large fires, mass epidemics, epizootics, epiphytotic, etc.).

Under what conditions can an individual acquire the status of missing person?

From the provisions of the Law of Ukraine “On the legal status of persons missing under special circumstances” it is understood that an individual acquires the status of missing under special circumstances from the moment the relevant information about him/her is entered into the Unified Register of Persons, missing persons under special circumstances.

In order for such information to be entered into the relevant register, a written application must be submitted, which indicates the fact of the disappearance of the individual.

A search application for an individual who has disappeared under special circumstances is submitted by the following categories of citizens, namely:

  • close relatives of an individual or members of his or her family (these include husband and wife, biological parents, mother and father, stepfather and stepmother, son and daughter, brothers and sisters, grandfather and grandmother, grandson and granddaughter, persons who have been adopted, persons over whom guardianship or care has been established in accordance with the law, as well as persons who live together but have not officially registered marital relations, etc.);
  • by the relevant representatives of the military formation;
  • relevant representatives of state authorities, local governments or public organizations;
  • any other citizen who reliably knows that the individual is missing.

A search application for a missing person under special circumstances must include all information known to the applicant that will assist in locating the person. For example, the applicant may indicate the circumstances under which the person went missing or may indicate factors that may have directly influenced their current location.

The application should be submitted to the relevant body of the National Police of Ukraine at the applicant’s actual place of residence.

From the moment the territorial body of the National Police receives such a request for a search for an individual, it undertakes to notify the Commissioner on issues of persons missing under special circumstances regarding receipt of such information and applications.

After the Commissioner receives the above information, the National Police authorities must, within the next 24 hours, enter the relevant data on the disappearance of an individual into the State Register.

An individual will be considered missing until the National Police receives relevant information regarding:

  • the current location of such person;
  • his/her burial place or the location of the remains of such a person.

Pay attention! The search for a missing person cannot be terminated even when a judicial authority has recognized such a person as missing, since such a provision is enshrined in the current legislation of Ukraine.

It is also worth noting that in cases where an individual acquires the legal status of missing person under special circumstances, this fact does not deprive his relatives or other interested persons of the right to apply to the judicial authorities to recognize such a person as missing or declare him dead.

In addition, if a person who has no citizenship (stateless) or has citizenship of another country (foreigner) was in the territory of Ukraine only on legitimate grounds and suddenly disappeared, then he or she may also receive the status of an individual considered missing under special circumstances.

Conclusions

Recognizing a relative as missing has a number of legal features that must be taken into account in practice.

Therefore, if you want to recognize an individual as missing under special circumstances, then in this case you cannot do without receiving qualified legal assistance from specialists from the law firm “Prikhodko and Partners”.

We accompany the company’s clients at every stage of recognizing an individual as missing, because we understand the complexity and importance of this legal issue. As a result, when applying, the client receives a guaranteed result and our cooperation leaves only pleasant impressions.

To receive an initial consultation regarding declaring a relative missing, please fill out the application below.

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Do you have reason to believe that your relative is missing?

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Do you need a court decision on the disappearance of the missing person for further action?

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child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the 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of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights