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Searching for missing persons under special circumstances: Rights, Procedures and Features

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 22.05.2024

Searching for missing persons under special circumstances: Rights, Procedures and Features


In martial law or emergency situations, it is especially important to have clear procedures and rules for tracing people who may be missing. Ukraine has mechanisms and bodies that are responsible for this process and provide assistance to relatives and loved ones in such difficult situations.


One important aspect is the distinction between a person who is missing and a person who is missing under special circumstances. The first category refers to cases when there is no information about the location of the person at the time of submitting the search application. In such cases, the main goal is to establish the whereabouts and fate of the missing person.
A person who has disappeared under special circumstances is the case where the disappearance is related to hostilities, armed conflict or other extraordinary circumstances, such as occupation, shelling or natural disasters. In such situations, the search is important not only to establish the whereabouts, but also to ensure safety and save lives.


The rights of relatives and close family members of missing persons are an integral part of the search process. They have the right to receive reliable information about the progress and results of the search, as well as to social protection. In addition, relatives have the right to submit a search warrant to the relevant territorial body of the National Police of Ukraine or contact the coordination center for legal assistance.The search procedure includes submitting an application, entering information into the register of persons missing under special circumstances, and active search using various methods and technical means. In the case of receiving information about the whereabouts or condition of a missing person, the police must immediately notify relatives and close family members.


Coordination of actions with international organizations and cooperation with other states in cases where a missing person may be abroad is also an important aspect. For this, it is necessary to take into account interaction procedures and international agreements.


All efforts should be directed towards establishing the location and fate of missing persons as quickly as possible to ensure the safety and reassurance of relatives and close family members. The search for missing persons under special circumstances requires systematicity, coordination and cooperation of all responsible bodies and public structures.
An application to search for a person who has disappeared under special circumstances can be submitted by:
 

A relative of this person.


A representative of a military formation.
Body of state power or local self-government.

Public Association.


Any other person who has information about the disappearance.


You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.The application can also be submitted to the commissioner for issues of missing persons under special circumstances, if the above-mentioned persons have appealed to him.
In the case of receiving information about the disappearance of such a person or a request for a search, the police must inform the commissioner within three days. The information specified in the application must be entered into the Unified Register of Persons Disappeared Under Special Circumstances within 24 hours.


The search is terminated no later than three days after the location or burial place of the person is established. The court's decision to declare a person missing does not affect the search process.

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