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Publication date: 11.11.2024
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Searching for captured or missing servicemen — legal assistance
With the beginning of the war in Ukraine, the issue of missing servicemen became particularly acute. Each case of the disappearance of military personnel during hostilities is not only extremely painful for their relatives, but also requires legally regulated measures to establish the location of the disappeared. Moreover, the war has resulted in a significant number of cases in which servicemen are captured and their fate remains unknown. In such circumstances, to ensure the search, identification or return of military personnel, relatives and representatives of the military often need legal support.
Question
Who has the right to submit an application for the search of a missing person?
Answer
An application to search for a missing person can be filed by a relative of the missing person, a representative of a military unit, or a state authority.
Ukrainian legislation regulates the procedure for submitting applications, work with authorities and institutions involved in searching for missing persons, and provides certain legal guarantees to relatives of missing persons. In particular, this issue is regulated by the Law of Ukraine "On the Legal Status of Persons Disappeared Under Special Circumstances". An important tool in such activities is the Unified Register of Persons Missing in Special Circumstances, which was created to store and process information that can help in the search.
The legislation of Ukraine clearly regulates the procedure for submitting applications for the search for missing servicemen and the corresponding steps for interaction with state bodies.
The unified register of persons missing under special circumstances serves for the storage and centralized accounting of information that may be useful for effective search and identification of persons.
The search for missing servicemen is a complex procedure that involves medical and forensic identification, the involvement of specialized search teams and close cooperation with the relevant authorities.
The procedure for searching for servicemen who disappeared during hostilities or were captured has clearly defined legal mechanisms. Relatives who have lost contact with their loved ones have the right to submit a statement to the appropriate body of the National Police of Ukraine, which, in turn, informs the Commissioner for Missing Persons. In the case of military personnel, unit commanders and representatives of other military units can also be involved in the process, who can help coordinate search efforts.
The process of submitting an application for the search of a serviceman and the main measures
- Who can apply. The application can be submitted by relatives of the missing person, the command of a military unit, representatives of state authorities, local self-government bodies, public associations or other persons who became aware of the disappearance.
Content of the statement. The application must contain information that may contribute to the search for the person, including detailed data on the appearance of the missing person, his special signs, medical data, circumstances of the disappearance, etc.
Application submission. An application to search for a serviceman is submitted to the territorial body of the National Police of Ukraine, which, in turn, must inform the Commissioner for Missing Persons.
The unified register of persons missing under special circumstances is an electronic database designed to accumulate and store information on missing persons, unidentified remains, identification of the deceased and other information that may contribute to search operations. The Ministry of Internal Affairs of Ukraine acts as the holder of the Register, ensuring the protection and processing of data and providing limited access to information to relevant authorities. The administrator of the Register is a state enterprise that ensures the preservation, protection and proper functioning of the register for the effective implementation of investigative measures.
Legal assistance in the search for missing servicemen: services of the "Consultant" service
Lawyers of the "Consultant" service provide legal support services in cases of searching for missing servicemen, including assistance in the preparation of the statement, interaction with the relevant authorities and protection of the rights of relatives. In addition, they advise on access to the Unified Register of Missing Persons and provide legal support in matters related to obtaining the necessary certificates and documents.
List of services of lawyers of the "Consultant" service:
- Consultations for relatives and loved ones of missing servicemen. Lawyers of the "Consultant" service provide information about the procedure, legislative requirements, rights and obligations of relatives in the process of submitting a search application.
Preparation of the application and legal support. Specialists help to prepare the necessary documents and applications for searching for a person, provide support in contacts with the National Police, military institutions and state bodies.
Legal representation. Lawyers "Consultant" represent the interests of the applicant in state bodies, organize communication with the military units where the missing soldier served, or other structures that can help in establishing the whereabouts of the person.
Legal support. If necessary, the missing person will be declared missing or declared dead, lawyers will accompany the process of filing a claim in court and represent the interests of relatives in court cases.
Provision of information support. Legal service "Consultant" monitors the provision and updating of information on the status of the search, and also helps to coordinate interaction with other responsible bodies.
Damage compensation and social assistance. Lawyers help relatives of missing servicemen in matters of registration of social assistance or compensation for damages in the case of recognition of the military dead or missing.
The services of a military lawyer include legal support when submitting a search warrant for missing servicemen. The lawyer provides representation of the interests of relatives in state bodies and military structures, observing all legal procedures. It also helps in matters of social protection, provision of compensations and registration of missing or deceased status.
The issue of searching for missing servicemen during the armed conflict is one of the most painful for relatives and friends. Thanks to legal support, relatives can receive support in the process of submitting an application, interacting with state bodies and institutions, and also during court proceedings. The use of the Unified Register of Persons Missing in Special Circumstances and the activity of search groups significantly contribute to search operations.Thanks to the legal assistance of the "Consultant" service, relatives of the missing can rely on effective support in any legal aspects related to the search for servicemen, which, in turn, is an important step in preserving the memory of defenders and giving relatives the opportunity to find answers to their questions.
