Law on legal status of missing persons comes into force in Ukraine

Source : 112 Ukraine

Yesterday the document was published at the parliamentarian newspaper "Holoc Ukrayiny"
13:35, 2 August 2018

Agence France-Presse

The law #2505-VII on the legal status of the missing persons has come into force in Ukraine. Yesterday the document was published at the parliamentarian newspaper "Holoc Ukrayiny".

The law defines the definition "a missing person". The definition "a missing person" will be included to the legislation of Ukraine along with the existent definition "an absent person" from the Civil Code of Ukraine.

It is established that a person receives a status of a missing one since the report on the missing of a person, the searching of a person or the decision of the court is filed. The relatives of a missing person have a right to know where the person is, the place of the death or burial. Also, they can recover the remains of a deceased person.

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Moreover, the right of the relatives of the missing person to get the pension due to the loss of a survivor is provided. The disabled relatives also possess this right regardless of the insurance period, children – regardless whether they were dependant on a missing person. The right for such pensions occurs in a month after the entering of the data on the missing person to the United register and remains as long as such status of the person remains.

According to the law, the Commission for Missing Persons in Special Circumstances will be created. It should be a permanent advisory body of the Cabinet of Ministers. Its function is to coordinate the activity of the state bodies authorized for the registration and search of the missing persons.

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The representatives appointed by the National Police, SBU, Prosecutor General's Office, Defense Ministry, Ukrainian Parliament Committee for Human Rights. Ukrainian Parliament Commissioner for Human Rights, State Emergency Service, Ministry for Temporary Occupied Territories, International Red Cross Committee make the Commission. The number and personnel of the Commission will be defined by the Cabinet of Ministers.

All members of the commission, except the chairman, perform their duties on a voluntary basis.

The main aim of the Commission is the clarifying the fate of the persons missing during the participation in the Donbas Conflict, permanent resident or stay in the zone of the holding of the Anti-Terrorist Operation or Joint Forces operation, armed conflict or military actions at the territory of Ukraine, mass unrests inside the state and due to the emergence of the natural or technological hazards.

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The administrative code provides the punishment for the non-fulfillment of the legal demands of the Commission; obstruct its activity, provision of the false, incomplete information or with the violation of the terms. The officials can be fined for this for $63-157 and for $157-251 if it is the repeated violation.

The Criminal Code of Ukraine includes a new article "enforced disappearance". The arrest, detention, kidnapping, imprisonment of a person by an official, including the foreign, is punished the by a deprivation of liberty for 3-5 years. the order of such actions or absence of the appeal to the authorized bodies provided the deprivation of liberty for 5-7years.

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The law provides the creation of the United register of missing people in special circumstances. The Commission provides the creation of this register and it is a holder of such register. However, the administrator of the register is the state enterprise guided by the Justice Ministry.

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