Recognition of individual as missing

Extracts for legal literacy News

According to article 45 of the DPR Civil Code, an individual can be recognized by the court as missing at the request of interested parties if there is no information about his/her place of residence at his/her place of residence during the year.

If it is impossible to establish the day of receipt of the latest information about the missing, the beginning of the calculation of the period for recognizing the unknown absence is the first day of the month following the one in which the last information about the missing was received, and if it is impossible to establish this month – January 1 of the next year.

The legal consequences of recognizing an individual as missing are enshrined in Art. 46 of the DPR Civil Code.

Thus, the property of an individual, who is recognized as missing, if necessary, under permanent management is transferred on the basis of a court decision to a person who is determined by the guardianship and trusteeship body and acts on the basis of a trust management agreement concluded with this body. In this case, the guardianship and trusteeship body may, even before the expiration of a period of a year from the date of receipt of information about the place of stay of an absent, appoint a manager of his/her property.

An application for recognizing an individual as missing is submitted to the court at the place of residence or location of the person concerned. It must indicate for what purpose it is necessary for the applicant to recognize an individual as missing, and also must set out the circumstances confirming the unknown absence of an individual. With regard to military personnel or other individuals who have disappeared in connection with hostilities, the application shall indicate the day when hostilities ended.

It must be remembered that, by virtue of Article 47 of the DPR Civil Code, in the event of the appearance or discovery of the place of stay of an individual recognized as missing, the court cancels the decision on recognizing him/her as missing. On the basis of a court decision, the management of the property of this individual is cancelled.

It should be noted that 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 Ave., 14, building No. 9.

Also, the Ombudsman in the Donetsk People’s Republic maintains a register of persons missing as a result of the armed conflict, in connection with which citizens can contact the Ombudsman’s hotline for additional information (+38 071-404-69-29).