Senior lawyer
She specializes in pension disputes, pension recalculation for law enforcement agencies, former civil servants, and social protection for military personnel and their families. With deep knowledge of the law, she effectively protects the interests of clients in courts and government agencies. Her work is respected by clients and hated by the pension fund.
Recognition of a serviceman as missing
During the full-scale Russian invasion, many families faced a situation where their relatives serving in the military disappeared while performing combat missions to defend the Motherland. So, in such a case, the family naturally has a question about the legal procedure for recognizing a person as missing. Let’s consider this issue in more detail. It should also be noted that for consultation on a detailed analysis of your situation, you can contact the military lawyers of the law firm “Prikhodko&Partners“.
How is a person declared missing?
This procedure can only be carried out in court. In order to declare a person in such a status, the following circumstances are important for the court:
- his absence for a year from the place where he permanently resides;
- the absence of information regarding his whereabouts.
An application for a serviceman to be declared missing may be filed by a person who is a family member or relative of the missing person. This must be done at the last place of residence of the serviceman or at the location of his property.
Article 43 of the current Civil Code determines the terms that are relevant in the matter of declaring a person missing. If it is impossible to obtain accurate latest information regarding the whereabouts of a person before he disappeared, the beginning of his missing absence is calculated from the first day of the month following the receipt of such information.
What does the Civil Procedure Code say?
As for the procedure for considering cases on declaring a natural person missing, it is described in detail in Chapter 4, Section IV of the Civil Procedure Code of Ukraine. These are Articles 305-309 of the regulatory legal act.
It is important to know that the decision on declaring a person missing, in the event of a change in circumstances, may be canceled in court. The basis for canceling the decision is the court’s receipt of an application for the appearance of such a natural person or information about his whereabouts. This application may be submitted by:
- the person himself who was declared missing;
- another interested person.
The application is submitted to the court that made the decision on declaring a person missing. It can also be submitted to the court at the person’s place of residence.
It is important to know that in the event of the cancellation of the court’s decision on declaring a natural person missing, the legal consequences of such recognition lose their force. Therefore, her rights must be fully restored in accordance with the procedure established by law.
What payments are provided for the family if a serviceman goes missing?
It is worth noting that being considered missing and being recognized as missing are different legal concepts. A serviceman is considered missing if he disappeared while performing tasks related to the defense of the Fatherland and there is no information about his whereabouts for 15 days. Exceptions are cases of unauthorized abandonment of the unit or place where the serviceman served.
Regarding the acquisition of the status of a missing person, this occurs according to the procedure described above. However, even when a serviceman is considered missing but does not have the status of a missing person, the family has the right to receive financial support for the position in which he served, as well as additional support in the amount of 100 thousand hryvnias. Such support is relevant for the period of martial law.
Among those persons who are entitled to payment are:
- first of all, the wife (or husband, if it is a female serviceman);
- if she (or he) is not there, then next in line are the adult children who lived with the serviceman, or the legal representatives (guardians or trustees) of minor children (or children with disabilities, regardless of their age);
- parents or other persons who are dependent on the serviceman.
The financial support is paid if the application for its receipt is received before 3 years have passed since the decision to declare the serviceman missing entered into legal force.
How will our services be useful?
When you contact our law firm, you can order the following services in this direction:
Advisory assistance. It will give you an opportunity to find out which algorithm you need to follow in your specific situation.
Legal support. For example, this concerns interaction with authorized state bodies during the preparation of all necessary documents.
Representation in court. If this tool is the most appropriate to protect your rights and legitimate interests, we will use it effectively.
If you need help from a military law lawyer, our specialists are ready to help with any issue. Fill out the form on the website and our lawyer will call you shortly.
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Do you need help from a military law lawyer?
2 question
Have you already collected and submitted any documents to the authorized bodies?
3 question
Have you already collected and submitted any documents to the authorized bodies?
4 question
Do you want to declare a soldier missing in action?
Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
You may also need:
Dismissal from military service
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MILITARY LAWYER’S CONSULTATION
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Payments to military personnel for injuries
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Payment of one-time monetary assistance to military personnel
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Receiving payments to military personnel for disability
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Payment for a dead military man in Ukraine
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Lawyer for the military
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Dismissal from military service for family reasons
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Application for the payment of one-time cash assistance to military personnel
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Uncertainty payments to missing soldiers
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