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 ?
Missing persons commission heard 15 cases on day 1, 17 cases on day 2, 16 cases on day 3, 15 cases on day 4, 8 cases on day 5, 14 cases on day 6, 16 cases on day 7 and 15 cases on day 8.
Police Stations all over the State have been directed from time to time to pay adequate attention for tracing of all the missing persons."
ISLAMABAD: The Missing Persons Commission (MPC), out of 5777 cases, 3599 cases have been disposed of up to January 31, 2019 due to personal efforts of Justice Javed Iqbal, President, MPC, Islamabad which is a great achievement as per the monthly progress report of cases of alleged enforced disappearances till January 31, released on Monday by Farid Ahmed Khan, Secretary of the Commission.
KARACHI -- The Sindh High Court on Thursday has ordered a joint investigation team (JIT) to recover all missing persons by January 24.
Sadly, we have seen in recent years missing person cases which have been hampered by people who actually murdered the very person they then reported missing.
Despite this, Scotland's largest force, Strathclyde, only have DNA samples for eight of the 153 long term missing persons in their area.
Justice Javed Iqbal, Chairman of Missing Person Commission and other members have not only given personal hearing to each family of missing person but also tried their utmost for earliest recovery of missing persons.
"We also know that in most cases, the missing person is located within 48 hours.
On Wednesday, 36 relatives of missing persons from the Shia community had been arrested by police from outside President Arif Alvi's residence in Karachi's Mohammed Ali Society following the lodging of a first information report (FIR) against the organisers of the sit-in on behalf of the state.
ISLAMABAD -- The Commission of Inquiry on Enforced Disappearances (CoIoED) has disposed of 3,551 cases of missing persons upto January 31.
He made the pledge during a visit to the missing persons' camp in Quetta on Sunday.
A total of 5,507 cases were received up to October 31, 2018 to Missing Person Commission, Islamabad.