The procedure for declaring a citizen dead in court

The disappearance of a person from the whirlwind of life and the lack of information about his whereabouts is tragic in its essence. In such a situation, recognizing a citizen as dead and/or missing can bring at least some clarity to the state of affairs and becomes an urgent necessity. After all, the uncertainty associated with his disappearance infringes on the rights of everyone who was connected with him by business or family relations: his dependent children cannot count on survivor benefits, his spouse is in “limbo” under marital status, creditors cannot collect funds from obligations. The property of the missing person is also in an uncertain position: long-term neglect can lead to its damage, looting and other troubles.

Recognition of a person as dead - what is it?

Declaring a person dead is the establishment of a legal fact. Unlike biological death, in this situation there is no body of the deceased. Therefore, recognition as dead is rather an assumption.

The person is absent from his place of residence, there is no contact with him, his relatives do not know where he is.

In accordance with Art. 45 of the Civil Code of the Russian Federation, the possibility of recognizing a citizen as deceased appears in the following cases:

1. A person has disappeared in a situation in which it can be assumed that he died from an accident. The process can be initiated after 6 months.
2. The soldier disappeared during the hostilities. You can go to court 2 years from the end of hostilities.
3. In other cases. 5 years after the citizen’s information was last received.

The law does not provide for the possibility of going to court without sufficient grounds. A court decision is necessary to obtain a death certificate. As a result, all the consequences that biological death entails arise.

Consequences of recognizing a citizen as missing

Recognition of a person as missing is intended to protect the rights and interests of both himself and others. In the first case, these may be creditors of a person whose place of residence is unknown for a long time, or his relatives who cannot take advantage of benefits until such a citizen has formally changed his status.

For the citizen himself, the establishment of such a fact has a number of positive aspects: movable and immovable property is transferred to trust management to another person. Thus, the risk of its loss (theft, destruction, etc.) is minimized.

The presence of a court decision for such a person has quite serious consequences related to the exercise of rights and the fulfillment of responsibilities.

Proper plaintiff

Only an interested person can go to court.
The plaintiff must indicate the reasons for going to court in the statement of claim. The proper plaintiff is:

1. Heir by will or by law - to open the inheritance remaining after the disappearance of the missing testator.
2. Guardians, trustees, adoptive parents of a child of a disappeared parent - for the adoption of a child. You can register for adoption in a situation where the parents are deceased, unknown, or deprived of parental rights for more than 6 months. Therefore, a guardian will not be able to adopt a ward whose parent is missing without a death certificate.
3. Guardians, trustees, foster parents, guardianship department, parents, spouse - to assign a pension for the loss of a breadwinner. Disabled dependents of the deceased have the right to a pension. This could be children, parents or spouse.
4. The owner of the property where the missing person is registered - to remove him from the registration register. Deregistration can only be done with the consent of the person registered or through the court. If there is a death certificate, the migration service deregisters the person without additional documents.
5. Spouse - to end the marriage. If there is a death certificate for the missing husband, the wife is considered a widow. This means she can remarry without filing a divorce.

Statement of claim for recognition of property rights by inheritance

How to refuse an inheritance after 6 months? Step by step order

How is a property manager appointed?

The consequence of declaring a person dead is the appointment of a person who is authorized to control and manage his property. The trustee is appointed by the guardianship authority in accordance with the court decision. According to the concluded contract, the manager has the right to carry out actions and transactions in the interests of the missing person.

Property Manager

Grounds for declaring a person dead

To recognize a citizen as dead in court, the following grounds are necessary:

• it is impossible to establish the citizen’s current place of residence;
• there is information about the person’s last permanent place of residence;
• he has been absent from his last place of residence for at least 5 years (if he disappeared during a military conflict - 2 years, if he disappeared in an emergency situation - 6 months);
• the person who applied to the court has an interest in recognizing the missing person as dead;
• there were substantive legal relations between the applicant and the missing person (the missing person financially supported the plaintiff and bequeathed property to him);
• The applicant took measures to search for the missing citizen.

Appeal to the court is possible only if all the listed grounds are present.

Peculiarities

Consequences of the appearance of a missing person

In judicial practice, there are often cases when a person recognized as missing returns to his place of residence or is found in another place.
Article 44 of the Civil Code of the Russian Federation clearly states that a previously issued court decision must be canceled and all rights returned to the citizen. The trust management of his property is canceled and it is transferred back to the owner. He retains the right to the housing he owned. In essence, all actions performed as a result of a court decision are invalidated. For example, the adoption of children is cancelled. The divorce may be declared invalid. The issue is more difficult to resolve if the former spouse managed to remarry. Such a marriage cannot simply be canceled, and all issues are resolved by mutual consent. The citizen who appears has the right to be reinstated at his previous place of work if the reasons for the disappearance are recognized as forced.

Search for missing person

The court pays special attention to the measures taken to search for the missing person. The search system for citizens in the Russian Federation is based on the Instructions approved by Order of the Ministry of Internal Affairs dated 05.05.93 No. 213, Directive of the Prosecutor General dated 20.11.98 No. 83/36 and Order of the Ministry of Internal Affairs dated 24.09.98 No. 1/19934. These documents are aimed at improving the search for missing persons. The system begins to work when a statement about a missing person is received by the territorial department of the Ministry of Internal Affairs or the local commissioner. If a person is absent without objective reasons and in the absence of any information about him, a criminal case is initiated within 15 days. All submitted applications must be registered in the Incident Register. In the event of an unfounded refusal to accept an application, an official investigation is carried out, and the perpetrators are punished.

Search for alimony debtor

The disappearance of a person may be explained by his desire to evade paying alimony. This circumstance must be taken into account by the Ministry of Internal Affairs and the court when an interested party submits an application.

Law No. 229-FZ establishes that when a court decision is made to pay alimony, the bailiff opens proceedings. If this person disappears, a search procedure is initiated. The bailiff sends requests to the Ministry of Internal Affairs, credit institutions, traffic police, Pension Fund, Federal Tax Service, Rosreestr.

To conduct a search, the alimony claimant or his lawyer submits an application to the Bailiff Service (Bailiff Service). It contains details of the court decision, information about the payer, the period of non-payment and the amount of debt.

Is it possible to report the unknown absence of a person wanted for committing a crime?

The court makes a decision on an unknown absence only with full confidence that the person did not disappear of his own free will and did not prepare his escape. If he is involved in a criminal act, and there is evidence to support this, then the court has every right to refuse to make such a decision.

Recognition of a citizen as missing is a forced measure designed to eliminate uncertainty in the legal field. Such a decision can only be made by a court on the basis of a statement of claim by an interested person. The legislation provides for certain legal consequences after such recognition, redistributing the rights and responsibilities of the disappeared citizen. When a person previously recognized as missing appears, all rights are returned to him.

Step-by-step procedure in court

It is not difficult to recognize a missing person as dead through court.
It is necessary to prepare evidence of his absence from his place of residence and invite witnesses. The trial process takes from 2 to 3 months. Procedure:

1. Preparation of evidence.
2. Filing a claim.
3. Submitting documents to the court.
4. Attending a court hearing.
5. Obtaining a court decision.
6. Contact the registry office.

An application to declare a citizen dead must be submitted to the district or city court at the place of his last registration or at the place of residence of the interested person.

In accordance with Art. 262 of the Code of Civil Procedure of the Russian Federation, cases of declaring a citizen dead in court are considered in accordance with the procedure of special legal proceedings. Therefore, there is no need to include a defendant in the claim.

List of documents

Before going to court, you must prepare the following documents:

• plaintiff's civil passport;
• a document confirming the relationship with the missing person (birth certificate, marriage certificate);
• an extract from the house register;
• certificate from the place of work;
• documents from the Ministry of Internal Affairs on the search for a citizen;
• receipt of payment of state duty (300 rubles).

The following must be invited as witnesses:

• friends, relatives, acquaintances;
• colleagues;
• district police officer

In order to go to court earlier than after 5 years, it is necessary to prepare evidence that the citizen disappeared during hostilities or in a situation that threatened his life.

Example. Milana went to work in the morning. At 10 o'clock that day, the building where her office was located collapsed due to a gas pipeline accident. The woman's body was not found. But footage from a video camera located across the street shows that she entered the building that day. There was no information about her for 6 months. Relatives went to court and declared her dead.

In this situation, the following was added to the evidence:

• a certificate from the Pension Fund confirming Milana’s employment in an organization located in this building;
• video footage of her entering the building;
• testimony of witnesses who explained that the woman no longer came home and did not contact her relatives.

Since the collapse of a building can be regarded as a situation that threatened life and health, you can go to court to be declared dead after 6 months.

One of the key pieces of evidence is data from the Ministry of Internal Affairs that the missing citizen was put on the wanted list, but the search efforts did not produce results. You can also attach to the claim documents about the refusal to initiate a criminal case regarding the disappearance of a person.

Sample claim for declaring a citizen dead

The claim must contain the following information:

• name of the court;
• plaintiff's details;
• document's name;
• information about the disappearance of the missing person;
• search data;
• information about the reasons for going to court;
• reference to the law;
• claim;
• petition to call witnesses;
• list of documents;
• date and signature.

Sample claim

Judgment

To make a decision, the court examines the evidence presented, hears testimony from witnesses and makes requests to the competent authorities:

• to Rosreestr - about the presence of real estate in the property of the missing citizen and transactions with it during the period when he was considered missing;
• in the Ministry of Internal Affairs - about the existence of a search case;
• to medical organizations (polyclinic at the place of residence, drug treatment and psychiatric dispensary) - about whether the missing citizen sought medical help during the specified period, or whether he is undergoing inpatient treatment;
• in the registry office - whether an act record of the death of the missing person, registration of marriage or birth of a child was made during the specified period;
• in the Pension Fund of the Russian Federation - whether the missing person made insurance contributions to the Pension Fund of the Russian Federation during the specified period, and whether he is a recipient of pensions or benefits;
• in the Federal Migration Service - where the missing citizen is registered;
• to the local administration - is there information about the actual place of residence of the missing person.

Based on the information received, the court satisfies the plaintiff’s demands or refuses to satisfy them. A negative court decision can be appealed within 30 days from the date of issuance.

If there are no objections, the decision will take effect after 30 days.

Obtaining a death certificate

After the court decision enters into legal force, the plaintiff must register the fact of death in the registry office and obtain a death certificate. The state fee for issuing a certificate is not paid.

Consequences of declaring a person dead

The date of death of a citizen is considered to be the date the court decision enters into legal force. But in a situation where a person disappeared under circumstances that threatened his life, the court may set the date of death as the day of disappearance.

From this moment on, consequences similar to those of biological death occur:

1. The inheritance opens.
2. A trustee is appointed for the property (if necessary).
3. The child is placed under guardianship or in a foster family (if the other parent is absent).
4. A survivor's pension is assigned (at the request of the dependent or his legal representative).
5. The marriage union is considered terminated.
6. The citizen is deregistered (at the request of the heirs or the owner of the apartment).

If a person was discovered

To restore civil rights and return property held in trust to ownership, a statement of claim is filed. It is enough to confirm your identity, for which you only need a passport. It is better to mention the reasons for the reluctance to communicate with family and friends, but this is not the key point. According to the Constitution of the Russian Federation, every citizen enjoys freedom of movement and choice of place of residence. With whom to communicate, where to work, everyone also decides independently.

The sudden appearance of a citizen does not cancel the obligation to pay off arrears of alimony, taxes, loans, and contracts. Moreover, if the actions of a citizen revoking recognition are seen as an intent to escape from obligations, creditors have the right to demand immediate payment of the entire amount of the debt. This does not mean that it is better not to cancel the recognition and go into hiding, but it is worth understanding that debt obligations are not written off, and sometimes even accumulate, like rent for an apartment, if the citizen is single and the housing was in trust.

Cancellation of a decision to recognize a person as missing

A decision to cancel the recognition of a citizen as missing automatically cancels the decision made earlier. It is believed that there is no need to initiate separate proceedings. The recognition process is simply resumed, but now a new judicial act is issued. A number of legal actions do not require its presentation. If a citizen, who was considered missing according to the act of recognition as such, submits a joint application with his wife to the registry office, the marital ties will be restored. The exception is the case when they created and registered new families.

The employment contract is not restored. Recognition is a sufficient basis for its termination, which is final.

Example

Citizen Ignatiev B.A. quarreled with his wife, but did not enter into direct conflict. A week later he did not show up for work, although he left home as usual. After this, calls to mobile phones did not go through, and no information could be collected. Spouse, Ignatieva E.A. filed a statement with the police, and a year later applied for a confession in court. Having received the decision, she discharged her husband and re-registered the social rental agreement for the apartment in her name. After another six months, Ignatiev arrived in his city. He went to the village of Podkhvatovo, where his army friend, citizen Suslov P.V. lived, and lived there.

It was not possible to find him, since no one knew about these friendly relations. Citizen Ignatiev did not get a job, but was engaged in a friend’s private household, which is how he earned money together with his friend. Thus, having decided to refuse communication with his wife, colleagues and relatives, he gave rise to the initiation of the procedure for declaring him missing. However, the spouses nevertheless reconciled, and based on the statement of claim, they canceled the confession and registered the person found in the apartment. True, he had to look for a new job.

Here the situation could have turned out differently. If he had gotten married after his confession, in order to restore his first family, he would have had to file for a divorce. The issue of registration would be decided by judges. The loan had to be repaid in any case. Debts under other agreements are also not written off. Alimony unpaid after derecognition formed a debt that needed to be repaid, and the bailiffs would find a way to collect it. The passport remains valid, since there is no act of recognizing the citizen as dead, and we are talking only about absence.

Children and the guardian will not have to repay survivor benefits received while the parent was absent. The money was paid from the budget as part of child social protection programs, and does not form a debt after the citizen who left them reappears. But their mother will be able to receive alimony, and from the moment of recognition.

Arbitrage practice

As practice shows, courts satisfy claims to declare a citizen dead if he was previously put on the wanted list or was declared missing.

Example. Irina went to court to declare her brother dead. In the spring of 2002, the man left to work. Over the course of 6 months, he sent 2 letters to his mother. There was no more information about him. Irina needs recognition as deceased to formalize her mother’s inheritance, since she and her brother are first-degree heirs. A search case was opened, but the search yielded no results. The authorized bodies do not have information about the man. The court satisfied the sister’s demands (Decision of the Yashaltinsky District Court of the Republic of Kalmykia dated February 26, 2021 in case No. 2-45/2019).

If the Ministry of Internal Affairs provides information that a search case has not been opened, then the court is guaranteed to refuse the plaintiff.

Example. Valentina went to court to declare her son dead. She explained that she needed this for her own peace of mind. There has been no information about my son for 10 years. His location is unknown and he has not been in contact. All authorized bodies confirmed the information that the man did not undergo treatment, did not buy real estate, or was officially employed during the specified period. But the court refused to satisfy the demands, since a search case was not opened (Decision of the Oblievsky District Court of the Rostov Region dated November 17, 2021 in case No. 2-420/2016).

Return of property in case of appearance of a person declared dead

Regardless of the period of time that has passed since the citizen was recognized as dead, if he appears, he has the right to demand from any person the return of the remaining property that has passed to such a person by inheritance or donation (Clause 2 of Article 46 of the Civil Code of the Russian Federation).
This provision does not apply to money and securities, but only on condition that the good faith of the acquirer is not questioned (clause 3 of Article 302 of the Civil Code of the Russian Federation).

The refusal of the new owners to return the property belonging to the person who showed up will be the basis for filing a vindication claim (Article 301 of the Civil Code of the Russian Federation).

In turn, the paid purchaser of the property of a citizen recognized as deceased will be obliged to return the property only if it can be proven that when purchasing it, the person knew for sure that the previous owner was alive.

At the same time, in accordance with Art. 303 of the Civil Code of the Russian Federation, it is possible to reclaim from such an unscrupulous acquirer not only the property itself (or its value, if it is no longer possible to return the property in kind), but also all the income that the illegal owner received or could receive during the period of its use.

At the same time, an unscrupulous purchaser has the right to claim compensation for the cost of inseparable improvements and other expenses incurred during the period of ownership of this property.

List of sources

1. Article 45 of the Civil Code of the Russian Federation. Declaring a citizen dead.

2. Order of the Ministry of Internal Affairs of Russia, the Prosecutor General's Office of the Russian Federation and the Investigative Committee of the Russian Federation dated January 16, 2015 No. 38/14/5 “On approval of the Instructions on the procedure for considering applications, reports of crimes and other information about incidents related to the unknown disappearance of persons.”

3. Federal Law of November 15, 1997 No. 143-FZ (as amended on October 1, 2019) “On acts of civil status.

4. Article 1113 of the Civil Code of the Russian Federation. Opening of inheritance.

5. Federal Law of December 21, 1996 No. 159-FZ (as amended on December 25, 2018) “On additional guarantees for social support for orphans and children without parental care.”

6. Article 83 of the Labor Code of the Russian Federation. Termination of an employment contract due to circumstances beyond the control of the parties.

7. Article 10 of the Federal Law of December 28, 2013 No. 400-FZ (as amended on October 1, 2019) “On insurance pensions.”

8. Article 11 Federal Law No. 166-FZ dated December 15, 2001 (as amended on October 1, 2019) “On state pension provision in the Russian Federation.”

9. Article 262 of the Code of Civil Procedure of the Russian Federation. Cases considered by the court in special proceedings.

10. Article 278 of the Code of Civil Procedure of the Russian Federation. Actions of a judge after accepting an application to recognize a citizen as missing or to declare a citizen dead.

11. Article 276 of the Code of Civil Procedure of the Russian Federation. Filing an application to recognize a citizen as missing or to declare a citizen dead.

12. Article 279 of the Code of Civil Procedure of the Russian Federation. A court decision on an application to recognize a citizen as missing or to declare a citizen dead.

13. Article 154 of the Code of Civil Procedure of the Russian Federation. Time limits for consideration and resolution of civil cases.

14. Article 26 of the RF IC. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing.

15. Article 46 of the Civil Code of the Russian Federation. Consequences of the appearance of a citizen declared dead.

16. Article 302 of the Civil Code of the Russian Federation. Reclaiming property from a bona fide purchaser.

17. Article 301 of the Civil Code of the Russian Federation. Reclaiming property from someone else's illegal possession.

Life situations

Sometimes when a citizen is declared dead, more complex situations arise. Let's take a closer look.

What to do if the person returns?

In practice, such situations are not uncommon. Relatives stop maintaining contact, and in order to resolve property surveys, a loved one is declared dead. As a rule, he learns about this when applying to the Pension Fund to apply for a pension.

If a citizen returns to his place of residence and finds out that he has been declared dead in court, then he must:

1. Go to court to cancel the court decision.
2. Contact the registry office to cancel the record of his death.
3. Reclaim your property from the citizens who received it.
4. Cancel trust management (optional).

In accordance with Art. 302 of the Civil Code of the Russian Federation, it will not be possible to reclaim property if it is cash. Additional complications arise with regard to housing. If the new owner received ownership of the apartment more than 3 years ago, then the returning citizen cannot reclaim it.

How to cancel a decision to recognize a citizen as dead?

A court decision can only be overturned through a judicial procedure. To return property, the returning citizen must initiate legal proceedings.

The proper plaintiff in the process can only be the missing person himself, the prosecutor's office or the guardianship authority.

The citizen must attach the following information to the application:

• a copy of the work book (if officially employed);
• birth certificate of the child (if the child was born and registered during the disputed period);
• extracts from authorized bodies on registration, transactions completed during the disputed period.

As a result, the court overturns the court's decision to declare him dead.

How to appoint a trustee for the property of a person declared deceased?

Since when a court decision enters into legal force, a citizen’s inheritance opens, the notary can appoint a trustee.

To do this, the heirs or the executor of the will must declare the need to ensure safety. The trustee may be an heir, an executor of the will, or another individual or legal entity.

Trust management is necessary if the property includes:

• stock;
• securities;
• company;
• share in LLC;
• real estate objects.

A trust management agreement is concluded with a notary. 6 months after the court decision enters into legal force, the contract passes to the heirs of the deceased.

The trustee receives compensation from the estate for the performance of duties. The function of the administrator is to preserve and increase the property of the deceased. Every 6 months the manager must provide a report on the results of activities.

The legislative framework

The legislation of the Russian Federation introduces the concept of a missing person, determines the procedure for conducting a judicial procedure, establishes legal consequences and restoration of the rights of a citizen upon his appearance. These issues are addressed in Art. 42-45 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and Chapter 30 (Article 276-280) of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation).

Why is this concept introduced? The man left and disappeared without a trace, but the body was not found, which means it is impossible to establish the fact of death. He continues to have work and family responsibilities, loans, guarantees, rights to property, etc. This situation causes a lot of problems in labor and family law relations.

To eliminate uncertainty, the concept of “unknown absence” is adopted. In essence, this is a circumstance established by the court when it is officially recognized that a person is unable to fulfill his duties and rights at his place of residence and work due to his physical absence. Such a court decision establishes legal consequences that make it possible to redistribute the rights and responsibilities of the disappeared person.

Grounds for recognizing a citizen as missing

Article 42 of the Civil Code of the Russian Federation clearly states that a person is recognized as missing if no one knows anything about his whereabouts for more than 1 year. In other words, the basis for making a decision is the absence of a citizen at his place of residence and work for unknown reasons, when there is no information about him, and even the police cannot establish his whereabouts. It is important to take into account that the disappearance must be unexpected, i.e. there must be no fact of intentional action (for example, an attempt to hide from the investigation).

To make a positive decision, the following are taken into account:

• lack of information from loved ones about their intention to leave or change their place of residence;
• absence of diseases and injuries that can cause sudden death, loss of memory or coordination (mental abnormalities);
• presence at the place of residence or work of an identity card and things of particular value to the disappeared person, as well as money;
• absence of serious conflict situations at work or in the family;
• absence of criminal connections or possible punishable acts, as well as threats from other persons;
• absence of serious financial problems, debts and loans, as well as property disputes;
• disappearing with the vehicle.
• the missing person is a minor child or a pregnant woman.

Valery Sokolov

Lawyer, specialization - family law

The suspicious behavior of close relatives deserves special attention. Circumstances such as late filing of a disappearance report, lack of efforts to establish the location, rapid re-registration or appropriation of property, sudden home repairs, entering into cohabitation with another person, etc. are highlighted. Situations in which the disappearance occurred are also taken into account if they can be assessed as criminal (for example, walking at night or walking through a deserted area).

The period after which a person can be declared missing

A citizen about whom there is no information for 1 year can be recognized as missing. The period begins to be calculated from the moment of receipt of information about the disappearance of a person (for example, absenteeism from work). If it is not possible to establish a specific day of disappearance, then the first day of the next month after discovery of this fact is taken into account. If even the month is not known, then the period is calculated from January 1 of the next year.

Lawyer's answers to frequently asked questions

I want to recognize my mother as dead. But the Ministry of Internal Affairs closed the investigation. To go to court, does it need to be open?

No. The main thing is that a search case is opened from the very beginning.

The father was declared missing in 1997. My grandfather died a month ago. To receive his inheritance, you need to recognize your father as dead. Is it possible to do this so many years later?

The law establishes the minimum period required to declare a citizen dead. It is 5 years. The maximum period has not been established. Therefore, you can go to court.

Who should be indicated as an interested party in a claim to declare a citizen dead?

The Civil Code defines a person interested in recognizing a citizen as dead as a plaintiff. That is, there is no need to indicate additional interested parties.

In 2000, my ex-husband and I filed for divorce. If a common son. He went missing in 2003 and has not been found to this day. There are documents from the Ministry of Internal Affairs, there was a search case. I filed a claim, but the court rejected it because I am not an interested party. What should I do to ensure that my child receives an inheritance?

File a claim on behalf of your minor son. If the son has reached 18 years of age, he must go to court on his own.

Mother left home in 2009. A search case was opened. The initiation of a criminal case was refused (no one threatened, there were no debts). Where should I go to declare her dead?

A citizen can only be declared dead through a court. Submit an application to the district court at the place of last registration of the mother.

How to file a claim?

To begin legal proceedings, you must file a statement of claim. It becomes the basis for starting proceedings and does not imply the presence of a defendant. We will tell you what form and content such a statement of claim has, who can act as a plaintiff and what is the essence of such a statement.

Who can be the plaintiff

The main condition for being able to initiate legal proceedings is personal interest. Recognition of the death of a person must directly affect the rights of the applicant.

The initiator can be:

• heir in accordance with the order of law;
• heir under a will;
• legatee under a will;
• family member (husband, wife, parents, children) or other close relative (brother, sister, grandmother, grandfather, grandchildren, aunt, uncle);
• ex-spouse, if property was not divided during the divorce;
• parent, guardian or custodian of a minor child;
• guardian or trustee of an incapacitated interested party.

In addition to the listed persons, the application may be submitted by a representative of the interested organization. For example, a bank or employer company.

Form and content

The statement of claim includes the following information:

• what is the person’s interest in declaring a citizen dead - divorce, entry into inheritance rights, etc.;
• circumstances that give reason to believe that the wanted person has died;
• search measures taken;
• personal data of the missing person, the applicant and other interested parties;
• claim to court;
• list of attached documentation.

In addition, in the statement of claim you can immediately express a request to call witnesses. To do this, you must indicate their full name and address.

Particular attention should be paid to drawing up the essence of the claim. The information contained in this block reflects the applicant's position in relation to the situation.

Here you should write:

• the period and circumstances of the person’s disappearance;
• the reasons by which one can understand that a person is not alive;
• measures taken for the search;
• search goals.

In addition, documents related to the case must be attached to the statement of claim.

Documentation

The following documents are attached to the statement of claim:

• a copy of a general passport;
• document confirming the authority of the representative and the interest of the applicant;
• evidence of activities to search for the missing person;
• confirmation of the presence of situations that threatened the life of the missing person;
• evidence of a lack of communication with a person for a long period of time;
• information about the beginning and end of hostilities, as well as the participation of the missing person in them;
• receipt of payment of state duty.

All these documents are submitted to the district court along with the statement of claim. The application itself contains a list of attached papers.

Price

A state fee is charged for filing a claim. Its size is 300 rubles.

The requirement to pay the state duty is regulated in paragraph 8 of Art. 333.19 Tax Code of the Russian Federation. Judicial proceedings regarding the recognition of a person as dead are classified as special proceedings.