Publication date: 09.05.2024
Recognition of a natural person as missing
Ukraine continues the struggle for its independence. Ukrainian soldiers are captured, some are considered missing.
According to Article 70 of the Geneva Convention for the Treatment of Prisoners of War, every prisoner of war must be given the opportunity to send a postcard to his family and to the Central Prisoner of War Agency as soon as possible after capture or after transfer to another camp. This card must contain information about the capture, state of health and postal address, and its dispatch must not be delayed under any circumstances.
However, norms of international legislation are not followed in all cases.
Which person can be recognized as missing?
If the location of a person cannot be established for a long period of time, the court may decide to recognize him as missing or dead.
A natural person can be recognized as missing by the court if there is no information about his whereabouts in the place of permanent residence during the year.
In what cases may there be a need to recognize a person as missing?
Recognition of a person as missing may be necessary for the purpose of resolving issues related to the person's property or protecting the rights of persons who were dependent on the missing person.What is the procedure for recognizing a person as missing?
In order to recognize a natural person as missing, the applicant - an interested person - must submit an application for recognition of a person as missing to the court at the applicant's place of residence or at the last known place of residence of the missing person, or at the location of his property.
In an application to recognize a natural person as missing, it is necessary to indicate the purposes for which the applicant wishes to recognize a natural person as missing, as well as the circumstances confirming the unknown absence of a natural person, which endangered the life of the missing person.
Legal service "Consultant" provides services of legal support of the legal process of recognition of a natural person as missing. If necessary, the lawyers of the service will make a legal analysis of the situation, analysis of documents ( lawyer's consultation ), provide a legal opinion on the necessary actions in a specific situation. Legal services are available online to clients of the legal service "Consultant". You can get a lawyer's legal opinion online, or a lawyer can handle your case online.
Legal consequences of declaring a person missing
According to the court's decision to recognize a natural person as missing, the notary acting at the place of his last residence describes his property and assigns guardianship over it.
A notary can establish guardianship over the property of a missing person under special circumstances, at the request of an interested party or a guardianship body, until the court makes a decision on his or her missing person.The guardian of the property of a missing person performs civil duties, repays debts at the expense of the property, manages the property in the interests of the missing person, and, upon application, ensures, at the expense of the property, the maintenance of persons whom the missing person was obliged to support.
Under what conditions can the decision to recognize a person as missing be canceled?
In the case of the return of a person who was declared missing or information about his whereabouts, the court in the place of residence of the person or the court that made a decision to recognize the person as missing may consider the application of the person himself or an interested person to cancel the decision to recognize the natural person as missing absent
List of organizations and institutions engaged in searching for missing persons:
National Information Bureau: Hotline 24/7 1648; +38 044 287 81 65 (calls from abroad); email: (hidden)
Call center for searching for missing persons at the Commissioner for Missing Persons under Special Circumstances: 0 800 339 247 - from Monday to Friday from 9:00 a.m. to 6:00 p.m.; 095 896 0421 - on weekends via Viber and Telegram; 099 792 0126 - phone number of the Commissioner for Issues of Persons Disappeared Under Special Circumstances; e-mail for inquiries: (hidden)
Central tracing agency of the International Committee of the Red Cross: telephones: +41 22 730 3600 or +380 800 300 155; email: (hidden)
United Center for the Search and Release of Prisoners under the Security Service of Ukraine: phones: +38 067 650 83 32; +38 098 087 36 01 (round the clock); email: (hidden)
Hotline of the Ministry of Internal Affairs of Ukraine for relatives of dead, captured and missing servicemen. Phone: +38 089 420 18 66.
Lawyers of the legal marketplace "Consultant" will advise or help the applicant to take the necessary actions in order to search for a person before submitting an application to the court. They will also provide a service in writing and submitting the appropriate statement to the court and representing the applicant's interests in court.
