The disappearance of a person is always a grief for his family and relatives, but in the hustle and bustle of daily affairs, an application for recognition as missing can help loved ones. The absence of a person and information about him for a long period of time can lead to unpleasant consequences. Including the uncertainty of the legal status of other people: children, spouses, parents, employers.
After the court considers the case on such an application, certain legal consequences arise. The fact of a missing person is recorded. And this makes it possible to resolve issues with the management of a citizen’s property, his marital status and status, etc.
A citizen can only be recognized as missing through the courts. And for this purpose, not a claim is drawn up and filed, but an application for recognition as missing (below is a sample). Additional questions can be asked to the site’s duty lawyer.
Say sample application:
Application for recognition as missing
Application example
| To the Molokovsky District Court of the Tver Region Applicant: Art LLC, TIN 4167641646, 171680, Tver region, Molokovo village, st. I. Baranovsky, 147, represented by representative Yurchenko A.I. (power of attorney dated 01/09/2018 No. 1/14), address: 171684, Tver, st. Zarechnaya, 11, Interested person: Levashova Anna Petrovna, Born 05/11/1975, place of birth: Tver, 171680, Tver region, Molokovo village, st. Pereyaslavskaya, 154, passport 1712 No. 68496156 Application for recognition as missingLevashov Viktor Petrovich, born May 12, 1976, residence address: Molokovo village, st. Pereyaslavskaya, 154, has an employment relationship with Art LLC. Works as a dispatcher in accordance with the employment contract dated 08/14/2015 and hiring order No. 1256l/s dated 08/14/2015. Since May 1, 2021, Viktor Petrovich Levashov has been absent from the workplace. LLC "Art" took measures to establish the reasons: for telephone calls to the address of residence of Levashov V.P. does not respond, written notices are returned. On September 05, 2021, a personnel officer from Art LLC contacted police department No. 41 with a statement about the search for V.P. Levashov. Relatives of Levashov V.P. they know nothing about his whereabouts. His sister, Levashova A.P., who lived with him at the same address, treats her brother’s unknown absence with indifference. He does not take independent search measures. Since the reasons for Levashov V.P.’s absence from work It was not possible to establish, Art LLC went to court to declare him missing and terminate the employment contract. In accordance with Article 42 of the Civil Code of the Russian Federation and Articles 276, 277 of the Civil Procedure Code of the Russian Federation, Ask: 1. To recognize Viktor Petrovich Levashov, born on May 12, 1976, residing at the address: Tver region, Molokovo village, st. Pereyaslavskaya, 154, unknown missing. Application:
05/20/2021 Representative of the applicant A.I. Yurchenko |
Arbitrage practice
In most cases, the court recognizes a citizen as missing, provided there is evidence that he really has no contact, does not live anywhere, and the police could not find any information about the person. Let's look at a couple of cases from judicial practice.
Example : Tver region. Case No. 2-759/2017 dated 09.11.2017. A woman files a lawsuit on the grounds that her children’s husband, who previously paid alimony, suddenly stopped doing so and there has been no information about him for 4 years. She needs court recognition in order to receive a survivor's pension. During the trial, the fact of the husband's absence is confirmed. He does not live at the registered address, is not undergoing treatment, there is no information in Rosreestr about the missing person’s other property, he does not appear in the employment center and does not officially work anywhere. Court decision: satisfy the plaintiff's application.
Example : Krasnoyarsk region. Case No. 2-497/2017 dated October 25, 2017. The application is submitted by the adoptive mother of children whose blood relative, who previously paid alimony, does not get in touch. A court decision is required to receive a survivor's pension. As a result of searching for information, it turned out that the allegedly disappeared person lives at a different address. Court decision: to reject the application.
When can you apply for recognition as missing?
A citizen can be recognized as missing only if information about the person’s place of residence is not available at his place of residence. And constantly for 1 year (or more). And continuously. The applicant confirms the flow and continuity of the period with documents. This may be a written statement to the police regarding a missing person. And taking search measures.
Place of residence is the place where a citizen lives permanently (mainly more than 180 days a year). And for missing minors - the place of residence of their legal representatives. Typically, the presence (absence) of information is established at the place of permanent and (if available) temporary registration.
Who is considered missing
The “missing person” status is assigned to a citizen who does not live at the place of registration for a long time, does not maintain contact with others either in writing or orally, and has not been seen by any third party . At the same time, the “missing person” cannot be fully legally recognized as dead, since this requires recording the fact of death. At the same time, a person can be recognized as missing only one year after the last contact with him.
Info
A person whose location became unknown as a result of some event (for example, a natural disaster) can also be considered missing. This is a slightly different procedure, which is mainly dealt with by the intelligence services. So we won’t consider it.
Contents of the statement
The application sets out in detail the circumstances that will give the court the opportunity to recognize the person as missing:
- about the place of residence (primary residence) of the person with the attachment of certificates from the place of residence, extracts from the home book, extracts from Rosreestr about registered rights to real estate;
- about the absence of a citizen since a certain date or period (police investigation, responses from address desks, eyewitness testimony);
- the purpose of recognizing a person as missing for the applicant (the one who applies): termination of an employment contract, power of attorney, divorce, reclaiming pledged property, etc.;
- the presence of circumstances confirming the applicant’s interest (employment contract, marriage certificate, birth certificate, etc.).
Reasons for refusing an application
Not every fact of disappearance is grounds for recognizing a person as missing. The court must establish the circumstances of the case that led to the disappearance.
If a person simply hides from the investigation or creditors, then the claims will be rejected.
If a person actually disappeared, but the relatives did not take the necessary measures and did not contact the police, then there are also no grounds for satisfying the claims.
Procedure for going to court
Interested persons (whose rights and obligations depend on determining the legal status of the missing person): spouse, children, creditors, employers can go to court. If the application cannot be submitted by the interested person himself (illness, incapacity, etc.), the prosecutor can recognize the citizen as missing in court.
Authorities (state or local), for example, guardianship authorities, can also go to court. The application is sent to the district court at the place of residence (location) of the applicant. Legal costs will consist only of state fees to the court.
Underwater rocks
Various difficulties may arise during the recognition process:
- After being declared missing, the spouse has no right to property. Inheritance is possible only after 5 years after the disappearance, as well as the recognition of the citizen as dead by the court.
- The situation can be complicated by the appearance of a citizen, which makes it possible to cancel a previously made court decision.
- Some citizens are hiding from justice or creditors for a long time, which affects the recognition procedure.
- In the absence of sufficient legal knowledge, it is difficult to contact the judicial authorities and draw up a statement of claim.
Consideration of a case on declaring a person missing
The court, when accepting an application for proceedings, carries out thorough preparations - sends requests to authorities and organizations, attracts all interested parties (for example, employees of guardianship authorities). Establishes exactly when the last news about the citizen was received and how much time has passed since then until the application was submitted.
If it is difficult to establish the exact date, the beginning of the period of unknown absence will be considered the first day of the month after the month in which the last information about the missing person was received.
Why is the missing person recognition procedure necessary?
Granting a citizen the status of “missing person” has a lot of consequences both for the citizen himself and for those who filed a missing person report. After a citizen is declared missing, the following is possible:
- The spouse of the missing person has the right to file for divorce;
- Children and dependents of the missing person may be formally granted guardianship;
- The property of the missing person may be transferred to the disposal of a person appointed by the court. In this case, not only values are transferred, but also obligations;
- The organization headed by the missing person may receive new leadership;
- Other obligations of the missing citizen are temporarily suspended.
Info
At the same time, the citizen himself, if he does return, has every right to annul the court’s decision declaring him disappeared and receive back all his property (provided that the spouse did not file for divorce). If the missing person does not appear for a long time, the court may declare him dead.
Legal consequences of the decision
A trust will be established over the property of the absent person. The tax debts of a person recognized as missing will be paid off, relatives will have the right to receive pensions for the loss of a breadwinner, and a divorce can be filed through the registry office. That is, the legal consequences that the applicant was pursuing will occur. It will be possible to enter into an inheritance only after filing an application for recognition as deceased and the court decision based on the results of the consideration of the case entering into force.
What if a citizen recognized as missing appears? Or will information be received from him or about him? The legal status of the person is subject to restoration, for which an application is sent to the court to cancel the decision to declare him missing.
Questions from our readers
The process of being declared missing raises many questions. We answer the most popular ones below.
Is it possible to recognize a child support worker as missing and what will this give?
A person may disappear due to unwillingness to pay alimony. When contacting the Ministry of Internal Affairs, this fact must be taken into account.
In accordance with Law No. 229-FZ, when a court decision is made, proceedings for the payment of alimony are opened. A search procedure is also initiated.
The bailiff must send requests to:
- bodies of the Ministry of Internal Affairs;
- banking organizations;
- traffic police;
- Pension Fund;
- Federal Tax Service;
- Rosreestr.
The claimant submits an application to the FSSP. It reflects the details of the court decision, the payer’s data, the period of non-payment, and the amount of the debt.
If, after a search, a citizen is recognized as missing, on the basis of a court decision, you can submit an application to the Pension Fund for a survivor’s pension.
The ex-husband was declared missing, is it necessary to return his property?
Property that was transferred to trust management is subject to return. If the person appears, all rights to real estate are restored in court.
The survivor's pension is non-refundable. The ex-husband was declared absent by the court, so the fact of unjust enrichment is not seen.
If a person was discovered
A citizen who has previously been declared missing regains all rights to his property and due payments. Moreover, if more than 5 years have passed since the disappearance and he is already declared dead, he is reinstated by government authorities and at the place of registration. Also, he can demand from the heirs all the property that has passed to them.
Example : Ivan Ivanovich returns home after a year and a half. As it turned out, he lost his memory as a result of an accident and all this time he lived in a remote village, sincerely believing that he came from somewhere in these places. A year and a half later, his memory has returned and he is going home. All previously acquired property is waiting for him there.
Preparing documents, working with the police and the court can be a serious problem for a non-specialist. We offer a free consultation where we will answer all difficult questions. We are also ready to take on all the problems of the process of recognizing a person as missing, including documentation and work with government agencies.
FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then
:
- describe your situation to a lawyer in an online chat;
- write a question in the form below;
- call Moscow and Moscow region
- call St. Petersburg and region
Save or share the link on social networks
- FREE for a lawyer!
Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.
By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement
Useful information on the topic
3
Claim against inherited property
A claim against inherited property is filed when...
8
How is the inheritance divided between the husband and children after the death of a wife?
Dividing property between spouses is a complex process, especially after...
4
How to sell a car after inheriting
After receiving a certificate of inheritance, the new owner of the car is obliged to...
44
Registration of a car by inheritance after the death of the owner
A car is also property subject to inheritance. As in…
Are alimony debts inherited?
Payment of alimony is one of the main sources of income for...
1
Joint will of spouses
The legislation of the Russian Federation prohibits citizens from leaving joint wills, regardless of...
