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.


References in periodicals archive ?
A 3-member bench of SC headed by Justice Jawwad S Khawaja resumed the hearing of 33 missing persons case on Friday.
He observed " we will not rest till the missing persons are recovered.
Amina Masood Janjua expressed the hope that the time has come that SC to announce final verdict regarding cases of missing persons so that their families and heirs could evolve next strategy of their movement, the letter concluded.
If the missing person is declared dead and his or her assets are distributed to family members, including the proceeds from a life insurance policy, and they return alive, all assets and proceeds have to be given back to them.
Despite this, Scotland's largest force, Strathclyde, only have DNA samples for eight of the 153 long term missing persons in their area.
We expect this advancement to help solve more crimes, reopen unsolved cold cases, exonerate the wrongly accused and help identify missing persons.
Sheridan and Meale were speaking during a press conference in Nicosia to present Sheridan's report on the issue of the 20,000 missing persons whose fate still remains unknown in Europe following armed conflicts over recent decades in Cyprus, the Balkans and North and South Caucasus.
Justice Jawwad S Khawaja has remarked " matter of missing persons is a national issue which cannot be left incomplete.
Participants in the TraSeR Missing Person's Recovery Program include the Las Vegas Metropolitan Police Missing Persons, Nevada Highway Patrol, Boulder City Police Dept.
The court heard the cases of Abdul Mannan son of Bahadar Khan missing person.
Earlier, the Attorney General had told the court that one missing person died in December 2012 and the other in July 2013 due to natural causes.