A prolonged absence of a person for unknown reasons at his place of residence can significantly violate the interests of others. Therefore, if there is no information about a citizen within one year, he may be declared missing by the judicial authority. To do this, interested parties need to submit an application. As a rule, such cases are considered in a special order.
What do you need to know?
A citizen may be declared missing by a judicial authority if within one year there is no information about him at his place of residence. This is stated in Art. 42 of the Civil Code of the Russian Federation.
To do this, you must submit an application for recognition of him missing. This rule is also established by Art. 42 of the Civil Code of the Russian Federation. Interested parties can be all citizens who were with a missing person in certain legal relationships. For example, husband or wife, dependents, creditors, as well as other persons with certain powers.
Definition
In the event that for one year there is no information on the whereabouts of a person, interested persons may submit an application to the judicial authority and declare him missing. This position is enshrined in Art. 42 of the Civil Code of the Russian Federation.
What is the unknown absence of man? This is primarily a fact established by the judicial authority on the basis of information provided by interested parties. The latter may include: subpoenas, letters, other correspondence not received by the citizen, as well as a copy of the application for the search for the missing person, which was submitted to the police.
Features
A person can only be declared missing by a court. This is indicated by the norm of Art. 42 of the Civil Code of the Russian Federation. Only on the basis of the decision of the judicial authority will the spouse be able to terminate the marriage with a person who is recognized as missing, and the dependents to receive a special payment for maintenance from the state.
This process takes place in the order of special production. In other words, the parties concerned do not file a lawsuit with the court, but a statement. In addition, it will be necessary to provide all the available information, as well as any evidence indicating that the person has disappeared without a trace. Persons interested in resolving this issue may submit testimonies, statements and letters not received by the addressee.
A comment
Only the judicial authority, on the basis of an application submitted by interested parties, is entitled to recognize a citizen as missing. This is stated in Art. 42 of the Civil Code of the Russian Federation. It is impossible to disagree with the comments here. In addition, it should be noted that the meeting on this issue is held only in a special order. Here it is necessary to provide a statement to the judicial authority and supporting evidence that there really was no information about the person at his place of residence during the year. Interested parties should be very actively involved in the search for all evidence of the disappearance of a citizen. They can invite witnesses to court, submit documents from internal affairs bodies.
Effects
What happens after a person is recognized as missing?
All property he has is transferred to trust. This is one of the most significant actions due to which the maintenance is given to dependents and the person’s debts to credit organizations are repaid. The manager is appointed by the guardianship, they conclude a special agreement with him.
After a citizen is declared absent, the power of attorney issued by him personally ceases to be valid, the children receive the right to a pension, and the other spouse may terminate the marriage unilaterally.
In the event that the missing citizen returns, the judicial authority cancels its decision.
Judicial practice under Art. 42 of the Civil Code
The man did not live with his wife, they just went to different cities and did not see each other for a long time. After he decided to divorce her and share the common property, it turned out that she did not live at the new address of her registration and no one had seen her for a long time. This fact was confirmed by neighbors. The man decided to contact the police and wrote a statement. The search continued for several months, but did not produce a result.
The man was forced to file a complaint with a judicial authority. This rule is specified in Art. 42 of the Civil Code of the Russian Federation. Recognition of a person as missing is allowed if there is no information about him at his last place of residence within one year.
From the case materials:
The legal spouse of citizen N. applied to the judicial authority to declare the latter missing. At the meeting, he cited reliable facts that all the searches for his wife were in vain. She didn’t live at her place of residence, her relatives also did not know where she was. The court issued a decision in which he recognized the citizen as missing.
It should also be noted that sometimes missing citizens still return. And the judicial authority cancels the earlier decision.