ORGANIZATIONAL AND LEGAL BASIS OF THE STATUS OF A PERSON WHO HAS DISAPPEARED UNDER SPECIAL CIRCUMSTANCES

Abstract

The article analyzes the peculiarities of the legal status of a person who disappeared under special circumstances. The legal status of a missing person is characterized by the protection of his rights and property, as well as the obligation of the state to search for him. A disappeared person retains his rights guaranteed by the Constitution and laws, and his relatives have the right to information about the search and fate of the disappeared person. The status is acquired from the moment of entering information into the Unified Register of Missing Persons.It has been established that a person who has disappeared under special circumstances is considered a person who has disappeared in connection with an armed conflict, military operations, temporary occupation of part of the territory of Ukraine, emergency situations of a natural or man-made nature. A person acquires the status of one who disappeared under special circumstances, from the moment the information contained in the statement about the fact of disappearance is entered into the Unified Register of Persons Missing under Special Circumstances, in the manner provided for by this Law, and is considered to have disappeared under special circumstances, from the moment the applicant submits a statement about the fact of the person’s disappearance. It was determined that the person is considered missing under special circumstances until the moment of termination of his search.It was found that an application to search for a person who disappeared under special circumstances is submitted to the relevant territorial body of the National Police of Ukraine. An application to search for a person who has disappeared under special circumstances may be submitted by a relative of such person, a representative of a military formation, a State authority, a local self-government body, a public association or any other person who has become aware of the disappearance. Granting a person the status of a missing person under special circumstances in accordance with this Law does not deprive his relatives or other persons of the right to apply to the court with an application to recognize such a person as missing or to declare him dead.It is noted that on the basis of the collected information, investigative versions are built and a plan of subsequent investigative actions is formed, which are aimed at searching for a person or establishing the location of the corpse of such a person. It has been established that the difficulty of finding missing persons who have disappeared under special circumstances is often related to the activity of shelling the place where the person disappeared, active hostilities, etc.