Missing Person

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Missing Person

 

in law, a citizen whose prolonged absence from his place of permanent residence has been established in a legal process. According to Soviet law, a citizen is declared missing upon the application of an interested party if within one year there is no information at the permanent residence about the whereabouts of the citizen in question. The court rules that a person is missing after it is established that, despite all measures adopted, the missing person’s whereabouts remain unknown.

The declaration of a citizen as missing entails definite legal consequences:(1) A trusteeship is established over the missing person’s property; moreover, this property is used to support those citizens the missing person was obligated to support by law and to pay debts on some of his other obligations. (2) Members of a missing person’s family who are unable to work and who are his dependents acquire the right to a state pension on the ground of loss of the family provider.

If a citizen who is declared missing appears at his permanent residence or if his whereabouts are discovered, the court sets aside the decision declaring the person missing. In consequence, the trusteeship established over his property is abolished and his dependents’ right to a pension on the grounds of loss of the provider is revoked (see arts. 252–257 of the RSFSR Code of Civil Procedure).

If the whereabouts of a citizen remain unknown for three years, the citizen may be declared dead. Cases on declaring a citizen missing are heard by the court with the mandatory participation of the prosecutor.

V. A. KABATOV

References in periodicals archive ?
As a neutral and independent organization, the ICRC has access to international archives under the jurisdiction of The Hague Tribunal and uses them to access information for the humanitarian purpose of finding missing persons.
A three-member bench headed by Justice Ejaz Afzal heard six cases of the missing persons .
They said he met the families of missing persons and tried his utmost for their recovery.
Being head of the Commission for Missing Persons, Justice (r) Javed Iqbal has helped recover 2800 missing persons and handing over to their families.
The commission received 54 cases of missing persons in July, 158 in August, 58 in September, 83 in October, 104 and 92 in the months of November and December, respectively.
The investigators are unable to locate the whereabouts of missing persons despite several sittings,' the bench observed.
Justice Ejaz Afzal Khan while heading three member bench, remarked that doors of the courts would be opened for missing persons, if commission would not perform its duty then judiciary would take notice.
He added that the Presidential Commissioner for Humanitarian Affairs, the Greek Cypriot member of the Committee on Missing Persons and the relatives of missing persons are coordinating action in order to bring about concrete results.
Missing Persons Day events are designed for family members and friends of people who have been missing for more than one month.
The relatives of the missing persons have been demanding from the government to provide information on the whereabouts and fate of their near and dear ones missing for decades.
According to the official, 52 cases of missing persons were disposed off by the commission and the apex court owing to lack of evidence and necessary documents.
16 ( ANI ): A delegation of the United Nations Working Group on Enforced and Involuntary Disappearances has discussed the issue of missing persons with Pakistani delegations belonging to various groups and political parties in Quetta.