Declaration of death of an individual is a rather specific procedure, which is necessarily preceded by the procedure for recognizing a person as missing.
According to Article 48 of the DPR Civil Code, an individual can be declared dead by the court if there is no information about his place of residence for five years at his place of residence, and if he disappeared under circumstances that threatened death or giving reason to assume his death from a certain unfortunate cases – within six months. A soldier or other natural person who has gone missing in connection with hostilities may be declared dead by the court no earlier than two years after the end of hostilities.
The day of death of an individual who is declared dead is the day on which the court’s decision to declare him dead comes into legal force. In case of declaration of death of the individual, who has disappeared under circumstances that threatened death or gives grounds to assume his death from a certain accident, the court may recognize the day of the death of this individual as the day of his presumed death and indicate the moment of his presumed death.
The legal consequences of the appearance of an individual declared dead are enshrined in Article 49 of the DPR Civil Code.
Thus, in case of the appearance or discovery of the place of stay of the individual declared dead, the court cancels the decision to declare him dead.
Regardless of the time of his appearance, a natural person can demand from any person the return of the preserved property that was transferred to this person free of charge after the natural person was declared dead.
Persons to whom the property of an individual declared dead was transferred on a reimbursable basis are obliged to return this property to him, if it is proved that, when acquiring the property, they knew that the individual who was declared dead was alive. If it is impossible to return such property in kind, its value is reimbursed.
An application on declaration of death of an individual is submitted to the court at the place of residence or location of the person concerned.
It must indicate the purpose for which the applicant must declare him dead, and must also state the circumstances confirming the circumstances that threatened the missing person with death or giving grounds to assume his death from a certain accident. With respect to military personnel or other individuals who have disappeared in connection with hostilities, the application must indicate the day of end of hostilities.
It should that on issues for the search for a missing person and identification of unknown persons who died as a result of hostilities, you must contact the Republican Bureau of Forensic Medical Examination of the DPR, located at the address: Donetsk, Ilyicha Avenue, 14, building No. 9.
