25 members of the Verkhovna Rada propose to the parliament to introduce a single deadline for courts to declare the death of persons who went missing in connection with military operations.
This is stated in draft law No. 12451, the Ukrainian News agency reports.
Current legislation provides that a person who went missing in connection with military operations or an armed conflict may be declared dead by a court after two years from the date of the end of military operations.
The court may declare an individual dead before the expiration of this period, taking into account specific circumstances, but not earlier than in six months.
The explanatory note states that currently, courts are determining differently the start of the countdown of the time limits specified in the Civil Code, which are necessary for applying to the court with an application to declare a person dead in the presence of specific circumstances.
"For example, some courts believe that the time limits specified in Part Two of Article 46 of the Civil Code should be calculated from the moment of the occurrence of the event (which could have led to the death of a person), and not from the moment of the end of martial law on the territory of the state, while others are convinced that the countdown of the time limit for declaring a natural person dead as a result of military actions, armed conflict should begin precisely from the day of the end of military actions on the territory of the state," the explanatory note says.
The draft law aims to provide legal certainty in matters of application of the special rule provided for in Part Two of Article 46 of the Civil Code, in particular, regarding the start of the countdown of the periods specified in this norm for declaring a natural person who disappeared as deceased by a court in connection with hostilities or an armed conflict.
Among the authors of the draft law are: non-affiliated MP Mariana Bezuhla, deputy head of the Servant of the People faction Yevheniia Kravchuk, and her colleague in the faction from the National Security Committee Oleksandr Fedienko.
As the Ukrainian News agency earlier reported, the Cabinet of Ministers eliminated a legal conflict that did not allow relatives of persons who disappeared to receive a postponement from mobilization under special circumstances, replacing the requirement to provide a court decision on recognizing a person as missing with an extract from the Unified Register of Missing Persons.
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