In Ukraine came into force law No. 2505-VIII on the legal status of missing persons. Yesterday the document was published in the official parliamentary newspaper “Voice of Ukraine”.
The law defines the concept “missing person”. So, in addition to the already existing concept of “unknown missing person” contained in the Civil code of Ukraine, laws of Ukraine will include the concept of “missing person”.
It is established that the person receives the status of missing since the submission of the missing person missing, and his investigation or by court order. And the relatives of the missing person, have a right to know about where he is, or about the place of death and burial of a person. Also have the right to the remains of the deceased.
In addition, there is the right of family members of a man missing for a pension in connection with loss of breadwinner. So, disabled relatives are eligible regardless of insurance, children – regardless of whether they were dependent on the missing person. The right to a pension arises after a month after entering the details of the disappearance of the person in eRDR and maintained for a period of time, when a man is saved relevant status.
According to the law, will set up a Commission on missing persons in special circumstances. This should be a permanent Advisory body of the Cabinet. Its function is to coordinate the activities of government agencies authorized to register and/or search for missing persons.
The Commission includes representatives established by Nicolicea, SBU, Prosecutor’s office, defense Ministry, Verkhovna Rada Committee on human rights authorized BP on human rights, the world organization of the Department of the temporarily occupied territories and internally displaced persons, the International Committee of the red cross. The number and the composition of the Commission will determine the Cabinet.
All members of the Commission, except the Chairman, perform their duties on a voluntary basis.
The main task of the Commission is clarifying the fate of missing persons during participation in the ATO, permanent residence or stay in the ATO area or OOS, armed conflict or military actions in Ukraine, riots in the state, as well as in emergency situations of natural or technogenic character.
The administrative code provided for punishment for failure to comply with lawful requirements of the Commission, the obstruction of its activities, the provision of false, incomplete information or in violation of the terms. For it officials face a fine from 1700 to 4250 UAH, and for a repeated violation during the year from 4250 to 6800 UAH.
The penal code now includes a new article titled “Enforced disappearance”. So, arrest, detention, abduction, deprivation of liberty of a person by a representative of the state, including foreign, shall be punished by imprisonment for the term from 3 to 5 years. The order of these actions, or lack of appeal to the competent authorities after fixation of such violations, provides for punishment of imprisonment for a period of 5 to 7 years.
The law provides for the creation of a Unified registry of missing persons in special circumstances. The Commission shall maintain such a register as its holder. However, the Registry administrator becomes the state enterprise in the Ministry of justice.
Recall, the Verkhovna Rada adopted this law on 12 July 238 votes of people’s deputies.