What is a procedure like recognizing a citizen missing? In a nutshell, it’s unlikely to tell. Therefore, it is worth paying more attention to this topic and discussing it in detail.
What you need to know
So, if one or another citizen is absent for a long time period in the place where he is registered or must live on a permanent basis, a certain legal uncertainty appears. And the consequences of this may infringe on the rights of other participants in legal relations. What is meant? In such a situation, the creditor, for example, can no longer receive the debt attributable to him from the missing person. And disabled persons who are dependent on him (if any) lose their care and content. And they cannot even apply for a pension, since in this situation it is believed that they have a breadwinner. And the interests of the missing person also remain unprotected for a long time. No one guarantees that his property, which he left unattended, will not be damaged.
And the elimination of the very legal uncertainty is regulated by the institution of unknown absence. A citizen is recognized as missing and declared dead. But! This is only possible in court. In these situations, the order of special production is respected.
Basic principles
Firstly, the cases of recognition of a citizen as missing can only be closed if he really disappeared a long time ago. This fact is usually verified. It must also be proved that at the moment there is no information regarding his whereabouts. And that they cannot be obtained in any way - either. And of course, the deadlines established by law regarding the expectation of information about the location of a particular citizen must expire. Only then can a citizen be recognized as missing.
But! If a person intentionally disappeared and there is some reason to suspect this, the court cannot do this. But some citizens really disappear on purpose. In order to hide from the damage caused, so as not to pay child support or for the sake of finding shelter in connection with the crime committed. If any of the above may concern the missing person, then recognition of a citizen as missing is impossible.
Effects
Such a process as recognition of a citizen as missing, the legal consequences entail unequivocally. So, the calculation of the period of lack of information about the place of stay of a person begins from the day that the latest information about him was received. If it is not possible to establish the date, then the period shall be calculated in that case from the first day of the month following that when the citizen still received news. And if the month cannot be set, then the countdown begins on the first of January of the following year.
After this case is closed, the property of the missing person is transferred (by court order) to the person who is designated as the heir by the guardianship and trusteeship authority. But not all. From this property, it is mandatory to give out maintenance to those people who were with the missing dependent. Also, due to the existing values, the debts and debts of the disappeared citizen are paid. Dependents, by the way, gain the right to receive a pension due to the loss of the breadwinner.
As soon as a citizen is recognized as missing and declared dead, the contract of commission in which the disappeared participated is terminated. The power of attorney, which was either given to him or he provided it to someone, also loses its significance. And finally, the spouse (a) of the disappeared citizen has the right to divorce, and in a simplified manner.
Important Nuances
So, if a citizen was recognized as missing, but then, after some time, the person showed up (he himself or was found), the decision is canceled. And accordingly, all property is returned to its legal possession. In principle, everything falls into place: all legal and other relations that arose due to the recognition of a person as dead are terminated.
Even a citizen can be recognized dead if in the place where he was registered or lived, there is no information for as long as five years. But it is not necessary to first recognize him as missing.
Shortened term
A five-year period may be reduced to 6 months in the event that a person is missing. And there were circumstances that threatened his life. For example, a man was a member of an expedition whose group worked in close proximity to a volcanic crater that recently erupted. If the researchers disappeared during their work, then after 6 months they will be recognized dead due to an accident. Since there is every reason to suppose this.
A five-year term can be reduced to 2 years. This is the case if a citizen disappeared without trace in connection with military actions. The term in this situation is calculated from the day they ended.
About dates
Naturally, if a citizen was recognized as missing and dead, then the date of death is assigned. It shall be considered the day when the relevant court decision entered into force. In those situations when a person who is missing under circumstances that could have threatened his life or provided clear grounds for assuming his death is declared dead, the date on which he was supposed to have passed away is often recognized as death. How to understand this? Really simple. A person often shared with someone from acquaintances, friends, or relatives that he thought he was being persecuted or wanted to kill. And then one day he disappears. There is every reason to believe that he was still killed.
How to act?
So, the principle by which a citizen is recognized as missing (declaration of death) is clear. Now we need to talk about something else. How to act for those people whose loved one is missing? There is a certain order. Recognition of a citizen as missing is necessary.
Need to write a statement. It can be made by any person who is interested in this business. That is, for example, if the closest relatives of the missing person do not care, then a friend or colleague who was in good relations with the disappeared person has every right to file an application for recognizing the citizen as missing. The paper will need to be submitted to the court at the place of residence of the applicant.
At the meeting, he will be required to prove that for a long period of time this citizen did not appear at home, at work, and, in principle, everyone else was considered missing. The strongest written evidence is the search materials taken at the local police department. Therefore, it is imperative to first contact the police so that they take all kinds of actions to find the person. And then go to court.
Identification of Stakeholders
Who can go to court? It was said above that these are stakeholders. But who are they? Firstly, this is the spouse of the missing person. Secondly, dependents in the care of the disappeared. Thirdly, other people who need to defend their disputed or violated right / interest. These include creditors, tax authorities, etc. And finally, prosecutors and local authorities / state authorities - they also have the right to apply.
Further actions
An application for recognition of a citizen as missing must be paid in the amount of 200 rubles. This is a state duty. It is also worth pointing out those who are interested in carrying out this process. These are usually the close relatives of the missing person or the authorities, where then the court decision made in this case will be transferred.
Persons who are witnesses will need to be invited to court. They must confirm the absence of a person for a long time at the place of registration. As witnesses, not only close relatives and people who lived with the missing in the same house are suitable. You can still invite colleagues, friends, buddies. They will also testify, and this may play in favor of an early resolution of the issue.
The application is simple to fill out. There are special forms that can be taken either in court or downloaded from the Internet - they are freely available.
Property Issues
Now it’s worth a little more detail to talk about the consequences of recognizing a citizen as missing. So, if the disappeared had a spouse, the marriage is dissolved. An inheritance is also opened and any personal obligations are terminated. If a person recognized as dead is found, then the death record made in the civil registry book is canceled. And the returned person has the full right to demand the return of the preserved property, regardless of whether it was transferred to another person or not. The only exceptions are money and bearer securities. And persons who have become property owners do not just have to - they are obliged to return everything to the returning owner. If this does not work, then you need to refund the money. For example, after a man was declared dead, his cousin inherited a car. But since he already had one car, he decided to sell the second. Accordingly, a returning citizen will not receive his car. Instead, he has the right to demand compensation in the amount of the cost of the machine.
On a note
It is worth taking into account that the fact of death, established in court, is a completely different thing, in no way connected with the declaration of the missing person as deceased. And this must be remembered, since all sorts of situations happen. For example, some facts were found out - evidence was found of the death of a missing person at a specific time and under certain clarified circumstances. The registry office often refuses to register death in such cases. What to do? In this situation, you do not need to wait until the deadlines for declaring a person dead expire. Each person interested in this matter can file a corresponding application with the court. And the decision that will be made there will become the basis for the registry office to fix the fact of death.