Only a court has the authority to recognize a person as missing (this is precisely the wording adopted in the legislation). But before that, you should contact the police with a statement on the search for the missing person (no statute of limitations).
Instruction manual
1
3 days after the person living with you has ceased to report about yourself, contact the police about his search. Attach his photo to the application. Indicate in the application his name, information about the place of permanent registration, work, study, special signs. Tell law enforcement and other information you know.
2
If during the year this person did not report about himself or the law enforcement authorities failed to find his whereabouts, then contact the court with a statement recognizing the citizen as missing. Request a police certificate stating the number of the search case and a list of operational-search measures conducted during this period by law enforcement officials.
3
Send a statement to the court. In the application, indicate the name of the court and the name of the applicant. Since usually positive decisions on such statements are made only when there are people interested in this (for example, relatives who were dependent on a missing citizen), be sure to indicate the reason for the appeal. Attach to the application all official certificates confirming the absence of official information about the citizen for a year or more:
- a certificate from the police;
- certificates from the house management;
- certificates from the place of service, work, study.
4
Only by a court decision can you be discharged from an apartment of a missing person, but you do not have the right to take possession of his property until the court decides to recognize him dead. After that, his relatives will be able to inherit.
5
A citizen shall be recognized as dead by a court if, after another 5 years from the day of his disappearance, no new information has appeared on his whereabouts. But if he disappeared under circumstances on the basis of which it can be assumed that he died or became a victim of an accident, then you should send a statement to the court recognizing the fact of his death within 6 months from the date of contacting the police. A person who disappeared during the period of hostilities is recognized by the court to be dead within 2 years from the date of disappearance.
