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Publication date: 27.05.2024
Disclosure of bank secrecy and measures to establish guardianship over the property of a natural person who is recognized as missing, or a person who has disappeared under special circumstances
Introduction
Disclosure of bank secrecy and establishment of guardianship over the property of individuals who are recognized as missing or missing under special circumstances are important issues that require clear legal regulation. In order to protect the rights and legitimate interests of such persons, as well as their relatives and other interested parties, it is proposed to make appropriate changes to the legislation of Ukraine.
Analysis of current legislation
Law of Ukraine "On Banks and Banking Activities"
The law establishes the procedure for disclosure of banking secrets, but does not provide for special norms for cases when a natural person is recognized as missing or missing under special circumstances. This may create legal uncertainty regarding access to banking information about such an individual.
The Civil Code of Ukraine
The Civil Code of Ukraine regulates the issue of establishing guardianship over the property of natural persons who are recognized as missing. However, the legislation does not detail the procedures for establishing guardianship in cases of disappearance of a person under special circumstances, such as martial law or other emergency situations.
Suggestions for changes
Amendments to the Law of Ukraine "On Banks and Banking Activities"
It is proposed to supplement the Law of Ukraine "On Banks and Banking Activity" with new provisions regulating the disclosure of banking secrecy in cases where a natural person is recognized as missing or missing under special circumstances.
New articles to the Law
Disclosure of bank secrecy in cases of unknown absence:
According to a court decision issued in accordance with the procedure established by law, banks are obliged to disclose information constituting banking secrecy about the accounts, deposits, transactions and other assets of a natural person who is recognized as missing or missing under special circumstances.
Information disclosure procedure:
A request for the disclosure of bank secrecy may be submitted by a guardian appointed by the court or another authorized person determined by a court decision.
Amendments to the Civil Code of Ukraine
It is proposed to supplement the Civil Code of Ukraine with provisions on the establishment of guardianship over the property of natural persons who have disappeared under special circumstances.
New articles to the Civil Code
Establishment of guardianship over the property of a missing natural person under special circumstances:
In cases where a natural person has gone missing under special circumstances, such as martial law, natural disasters, man-made accidents, guardianship over his property is established by a court decision.
Procedure for appointing a guardian:
A guardian may be appointed by a person who submitted a relevant application to the court, provided that he/she has the necessary moral and material qualities to perform guardianship. The court may also appoint a guardian on its own initiative.
Duties of the guardian:
The guardian is obliged to manage the property of the missing person in order to preserve its value and ensure proper care. The guardian must act in the interests of the person whose property is under guardianship and report to the court on the performance of his duties.
Termination of guardianship:
Guardianship over property is terminated by a court decision in the event of the appearance of a person who was recognized as missing or missing, or in the event of the death of such a person. 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.
Amendments to other normative legal acts
In order to ensure consistency of legal regulation, it is necessary to make appropriate changes to other legislative acts regulating the disclosure of banking secrets and the establishment of guardianship. In particular, it is proposed:
The Law of Ukraine "On Notaries":
Include provisions that allow notaries to carry out actions with the property of persons recognized as missing or missing under special circumstances, based on a court decision.
Civil Protection Code of Ukraine:
Include provisions regarding the special legal treatment of the property of persons missing under extraordinary circumstances, such as martial law or natural disasters.
Conclusion
Amendments to the legislative acts of Ukraine regarding the disclosure of bank secrecy and measures to establish guardianship over the property of natural persons who are recognized as missing or missing under special circumstances are an important step to protect the rights and legitimate interests of such persons and their relatives. The introduction of clear procedures for disclosure of bank secrecy and establishment of guardianship will contribute to increasing legal certainty and effectiveness of legal protection in Ukraine.
