Recognition of a citizen as missing: order. Declaration on the recognition of a citizen as missing

What is a procedure like recognizing a citizen as missing? In a nutshell, it's unlikely to happen. Therefore, it is worth paying more attention to this topic and discuss it in detail.

Things to know

So, in the event that a citizen for a long period of time is absent in the place where he is registered or should reside on a permanent basis, there is some legal uncertainty. And the consequences of this can 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 from the missing person the debt that is in his possession. And incapacitated persons who are dependent on him (if any) lose their care and maintenance. And even for a pension they can not apply, because in this situation it is considered that they have a breadwinner. And the interests of the missing also remain unprotected for a long time. No one can guarantee that his property, which he left without his supervision, will not cause any damage.

And the removal of that very legal uncertainty is regulated by the institution of unknown absence. There is a recognition of the citizen as missing and the announcement of his decease. But! This is possible only in court. In these situations, the order of special production is observed.

Basic principles

First, the case of recognizing a citizen as a missing person can be closed only if he really disappeared long ago. This fact is usually checked. It must also be proved that at the moment there is no information about his whereabouts. And that they can not be obtained in any way - either. And of course, the deadlines set by the law, regarding the expectation of information about the location of a particular citizen, must expire. Only then is it possible for a citizen to be recognized as a missing person.

But! If a person has disappeared intentionally and there is some reason to suspect this, then the court can not do it. And after all some citizens really disappear specially. To hide from the damage caused, so as not to pay alimony or to find a shelter in connection with the committed crime. If any of the above may be missing, then the citizen's acknowledgment of the missing is impossible.

Effects

Such a process as the recognition of a citizen as a missing person, the legal consequences for himself entails unequivocal. So, the calculation of the period of absence of information about the place of stay of a person begins from the day when the last information about him was received. If the date can not be established, then the term is calculated in this case from the first day of the month following the time when the citizen was still being led. And if the month can not be determined, the countdown starts on the first of January of the following year.

After this case is closed, the property of the missing is transferred (by court order) to the person who is designated as heir by the guardianship and trusteeship authority. But not all. Of this property must be given the content to those people who were with the missing person in the dependent. Also, due to the existing values, debts and debts of the disappeared citizen are paid. Dependents, by the way, acquire the right to receive a pension due to the loss of a breadwinner.

As soon as a citizen's acknowledgment of a missing person and declaring him deceased occurred, the agreement of assignment in which the disappeared participant ceases to operate. Loses its value and power of attorney, which either he was given, or he provided it to someone. Finally, the spouse (s) of the disappeared citizen has the right to terminate the marriage, and in a simplified manner.

Important nuances

So, if there was a recognition of the citizen missing, but then, after some time, the person appeared (himself or found it), 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 have arisen because of the recognition of a person as dead, cease.

Another citizen can be deemed dead if, in the place where he was registered or lived, there is no information for five years already. But it is not necessary to first recognize it as missing.

Reduction of the term

A five-year period can be reduced to 6 months in the event that a person is missing. And at the same time there were circumstances that threatened his life. For example, a man was a member of an expedition whose group worked in close proximity to the volcanic crater that had recently erupted. If the researchers disappeared during their work, then after 6 months they are recognized as dead due to an accident. Because there is every reason to assume this.

A five-year term can be reduced to 2 years. This is the case if the citizen disappeared without a trace in connection with military actions. The time in this situation is calculated from the day they ended.

About dates

Naturally, if there was a recognition of the citizen missing and missing, then the date of death is appointed. It is considered the day when the relevant court decision came into force. In those situations where the dead are declared the person who disappeared under circumstances that might threaten his life or gave clear grounds for speculating his death, then the day of death is often recognized as the date when he allegedly could have passed away. How can this be understood? Really simple. The person often shared with someone from friends, friends or relatives, that it seems to him, as if he is being persecuted or want to kill. And then one day it disappears. There is every reason to believe that he was still killed.

How to act?

So, the principle that recognizes a citizen as a missing person (declaration to the deceased) is clear. Now we need to talk about something else. How do you need to act for those people whose loved one is missing? There is a certain order. Recognition of a citizen as a missing person must be sought.

It is necessary to write a statement. It can be made by any person who is interested in this case. That is, for example, if the closest relatives of the missing person do not care, then a friend or colleague who was with a disappeared person on good terms has the right to file an application for recognizing the citizen as missing. The paper will need to be filed in court at the applicant's place of residence.

At the meeting, he will have to prove that during a long period of time this citizen did not appear at home, at work and, in principle, was considered by all the others to have disappeared. The most weighty written evidence is the materials of the investigative case taken from the local ATS. Therefore, it is obligatory to first turn to the police, so that they have taken all sorts of actions to find a person. And only then go to court.

Identification of stakeholders

Who can apply to the court? It was said above that these are interested parties. But who are they? First, it is the spouse of the missing person. Secondly, the dependents who are in the care of the disappeared. Third, other people who need to protect their contested or violated right / interest. These include creditors, tax authorities, etc. Finally, prosecutors and local government / state authorities - they also have the right to file an application.

Further actions

The application for the recognition of a citizen as a missing person must be paid in the amount of 200 rubles. This is a state fee. It is also worth pointing out who are interested in carrying out this process. These are usually close relatives of the missing or bodies, where later the court decision passed in this case will be transferred.

The court will need to invite personalities who are witnesses. They must confirm the absence of a person for a long time at the place of residence. As witnesses are suitable not only close relatives and people who lived with the missing in one house. You can also invite colleagues, friends, friends. They will also give evidence, and this can play in favor of an early resolution of the issue.

The application is easy to fill out. There are special forms that can be taken either in court or downloaded from the Internet - they are freely available.

Issues related to property

Now it's a little more detailed to talk about the consequences of recognizing a citizen as missing. So, if the disappeared had (a) a spouse (a), then the marriage is dissolved. Also, the inheritance is opened and any obligations that are personal in nature are terminated. If a person found dead is found, the death record made in the civil status book is canceled. And the returned person has the fullest right to demand the return of the remaining property, regardless of whether it passed into possession of another person or not. The only exception is money and bearer securities. And the persons who have become property owners do not just have to - they have to return everything to the returned owner. If this can not be done, then it is necessary to refund the money. For example, after recognizing a person who died, his cousin inherited a car. But since he already had one car, he decided to sell the second one. Accordingly, the returned citizen will not receive his car any more. 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 the judicial order, is a completely different thing, not connected with the declaration of the missing personality of the deceased. And this must be remembered, since all sorts of situations happen. For example, some facts were discovered - evidence was found of the death of a missing person at a particular time and under certain, clarified circumstances. Often, the registrar's office refuses to register death in such cases. What to do? In this situation, you do not need to wait until the deadline for declaring a person dead will expire. Everyone who is interested in this matter can bring an application to court. And the decision that will be taken there will become the basis for the registry office to fix the fact of death.