Recognition of persons dead in war conditions

The issue of declaring and recognizing relatives of Ukrainian citizens as deceased gained special importance during the war with the Russian Federation. Knowledge of the grounds, terms and procedures for obtaining court decisions regarding the recognition of persons as dead in the conditions of armed aggression against our state allows you to quickly resolve legal issues of a civil and legal nature for the relatives of the fallen defenders of Ukraine. The article will be devoted to the process of recognizing deceased persons in conditions of war, in particular in the context of the armed conflict with the Russian Federation, and the importance of knowledge by relatives of the grounds, terms and procedures necessary for obtaining court decisions in civil legal matters.

A natural person may be declared dead by a court if:

• In her place of permanent residence, there is no information about her whereabouts for 3 years.
• She has been missing for 6 months under circumstances that threatened her with death or gave reason to assume her death from a certain accident.
• It is possible to consider a natural person dead from a certain accident or other circumstances as a result of man-made and natural emergency situations, within 1 month after the completion of the work of the special commission formed as a result of such emergency situations.

It is important to note that a natural person who went missing in connection with hostilities or armed conflict can be declared dead after 2 years from the date of the end of hostilities. Taking into account the specific circumstances of the case, the court may also declare a natural person dead even before the expiration of this term, but not earlier than 6 months from the moment of his probable death.

Legal consequences of recognizing a natural person as deceased

The legal consequences of recognizing a natural person as deceased are equivalent to the legal consequences of death. The heirs of such a person cannot alienate the immovable property inherited by them within 5 years. The notary, who issued the certificate of the right to inherit such property, imposes a ban on its alienation.

The procedure for recognizing a natural person as missing or declaring him dead

In order for the court to declare a person missing or to recognize him as dead, the interested person must submit a corresponding application to the court.

An application to recognize a natural person as missing or to declare him dead is submitted to the court:

• — at the applicant's place of residence;
• — according to the last known place of residence (residence) of an individual whose whereabouts are unknown;
• — by the location of the property of a person whose whereabouts are unknown.

The application for recognition of a natural person as missing or declaring him dead must reflect:

• — the purpose for which it is necessary to recognize a natural person as missing or to declare him dead;
• — circumstances indicating the unknown absence of a natural person;
• — circumstances that led to a threat to the life of a natural person who went missing;
• — circumstances that give reason to consider her death as a result of a certain accident.

Before proceeding with the case, the court determines the persons (relatives, employees, etc.) who can testify about the natural person whose whereabouts are unknown, and addresses the relevant organizations at the last place of residence (housing and exploitation organizations, bodies for registration of the place of residence of persons or local authorities self-government) and by the last place of work to obtain information about an individual whose whereabouts are unknown. Also, the court takes measures through guardianship and guardianship bodies to manage the property of an individual whose whereabouts are unknown, if such guardianship has not yet been established.

The case is considered by the court with the participation of the applicant, the witnesses specified in the application, and persons whom the court determines to be interrogated, and the court makes a decision to recognize the natural person as missing or to declare him dead.

How to act when a person appears who has been declared dead

It is necessary to submit to the court:

• - Application for the appearance of a natural person who was previously recognized as missing or declared dead.
• - Information about her whereabouts.

The court, which previously made a decision to recognize a person as missing or to declare him dead, at the place of residence of the person or at the place of his decision, appoints a hearing of the case with the participation of this person, the applicant and other interested persons, and may cancel the previous decision on recognition of the natural person as missing missing or declaring her dead.

An application can be submitted by a person who was previously recognized as missing or declared dead, or another person interested in this matter.

The role of lawyers in cases of recognition of persons dead in war conditions

The role of lawyers in cases of recognition of persons who have died in conditions of war includes conducting a legal analysis of all relevant documents and legislative norms, providing advice on procedural issues, determining the cost of legal services and the price of consultation, providing legal support in court hearings, providing legal assistance to families of the deceased and implementation of legal protection of their rights in accordance with international and domestic legal norms.