Recognition of the missing person.

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Kaploukh Victoria

Attorney

Ukraine / Kharkiv

Court appearence

Drafting of a lawyer's request

Legal analysis of the situation

Writing a statement of claim

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Publication date: 08.06.2024

Declaring a person missing is a legal process that is used when a person disappears and there is no information about their whereabouts for an extended period of time. This status allows relatives or other interested parties to obtain certain legal rights and take appropriate measures.

1. Conditions and procedure for recognizing a person as missing.
   
   1. Duration of absence:
   • The person must be absent from the place of permanent residence for at least one year.
   • There should be no information about the absence of a person.
   2. Application to the court:
   • An interested person (relatives, guardians, creditors, etc.) submits an application to the court to declare the person missing.
   • The application must contain all information about the person, the circumstances of the disappearance and evidence that there is no information about his whereabouts during the specified time.
   3. Consideration of the case in court:
   • The court checks all the circumstances of the case, in particular, interviews witnesses, examines evidence and requests to authorities that may have information about the person's whereabouts.
   • If the court considers that there are sufficient grounds, it makes a decision to declare the person missing.
   4. Consequences of recognizing a person as missing:
   • The property of an absent person can be transferred to the management of a person appointed by the court.
   • Relatives may gain access to inherited property or other legal rights.
   5. Cancellation of the decision:
   • If the person is found or information about his whereabouts appears, the court's decision may be overturned.
   
   Legal consequences.
   
   • 1. Property management: A person's property is transferred to temporary management. This is necessary to protect the interests of the absent person, as well as his relatives and creditors.
   • 2. Personal rights and responsibilities: Some personal rights and responsibilities are suspended, for example, payment of alimony, running a business, etc.
   • 3. Family circumstances: Spouses can obtain certain rights, including divorce, if provided by law.

A sample statement of claim on establishing the fact of a missing person. Please note that this sample is indicative and may need to be adjusted according to the specific circumstances of the case and the requirements of local legislation.

1. To ________________ court
2. 
   Plaintiff:
   Full name: ___________________________________________
   Address: ________________________________________
   Phone: ________________________________________
   
   Defendant:
   Not defined
   
   A statement of claim to establish the fact of a missing person
   
   In accordance with Article 43 of the Civil Code of Ukraine, I, ______________________ (your full name), submit this application for the purpose of establishing the fact of a missing person.
   Circumstances of the case:
   Name of the missing person: ________________________________________
   Date of birth: ________________________________________ Last known place of residence: ____________________________
   Date of last known whereabouts: __________________
   Circumstances of disappearance: _______________________________________ (Describe the circumstances of disappearance, for example, going to work, traveling, military operations, etc.)
   Evidence:
   Testimony of witnesses:
   Witness 1's name, address, contact phone number
   Witness 2's name, address, contact phone number
   Inquiries to relevant authorities and responses to them:
   (Indicate the names of bodies, dates of requests and answers)
   Other documents:
   (Indicate other available documents, for example, publications in newspapers about the search, correspondence with authorities, etc.)
   Legal grounds:
   According to Article 43 of the Civil Code of Ukraine, a person can be recognized as missing if, within one year, there is no information about his whereabouts in his place of permanent residence.
   
   I ask the court:
   
   1. To establish the fact of the missing person _______________ (name of the missing person).
   2. Recognize _______ (name) as missing since ________________.
   
   Add-ons:
   1. A copy of the applicant's passport.
   2. Copies of documents confirming the circumstances of the case (requests, answers, witness statements).
   3. Receipt for payment of the court fee.
   
   Date: ________________
   
   Signature: ________________