Declaration of a Citizen as Deceased
📘 1. General Characteristics of the Article
Article 31 of the Civil Code of the Republic of Kazakhstan regulates the institution of declaring a citizen deceased. This institution is applied in cases where:
- a person has disappeared, and
- for a certain period there is no information about whether the person is alive or deceased,
- and there are objective circumstances allowing the presumption of death.
This institution does not eliminate the possibility that the person may have survived; however, it creates a legal fiction of death necessary for:
- opening an inheritance;
- dissolution of marriage;
- termination of property rights and obligations;
- ensuring legal succession and legal certainty.
⚖️ 2. Legal Grounds for Declaring a Citizen Deceased
| Ground | Period of Absence | Explanation |
|---|---|---|
| 1. General disappearance without information | 3 years | No information about the citizen at the place of residence |
| 2. Dangerous circumstances (threat to life, accident) | 6 months | For example: shipwreck, aircraft crash, natural disaster, terrorist act |
| 3. Disappearance in wartime conditions (military personnel and equivalent persons) | 2 years after the end of the war | Established on the basis of special lists, documents, and testimonies |
📌 In all cases, declaration of a citizen as deceased requires judicial proceedings with proof of the absence of information about the citizen.
🕵️ 3. Persons Entitled to File an Application with the Court
🔹 An application to declare a citizen deceased may be filed by interested persons, including:
- the spouse (for dissolution of marriage, receipt of pension benefits);
- heirs (for opening an inheritance);
- creditors (for enforcement against property);
- guardianship authorities (in the interests of minors);
- state bodies (when legal certainty is required).
📌 In the absence of extraordinary circumstances, courts often require prior completion of the procedure for recognizing the person as missing (Article 28 of the Civil Code of the Republic of Kazakhstan).
🏛️ 4. Procedural Procedure
Regulated by Articles 318–322 of the Civil Procedure Code of the Republic of Kazakhstan.
🔹 Stages:
- Filing an application with the court at the citizen’s last place of residence;
- Collection of evidence:
- certificates from the Ministry of Internal Affairs and Public Service Centers;
- witness testimonies;
- publications in mass media;
- documents from institutions (service records, archives);
- The court examines the materials and, if necessary, requests information from the Ministry of Internal Affairs or the Ministry of Defense;
- The court decision enters into legal force — this date constitutes the legal date of death, unless another date is established (Part 3 of Article 31 of the Civil Code).
📅 5. Determination of the Date of Death (Part 3)
| Category | How the Date of Death Is Determined |
|---|---|
| Ordinary disappearance | Date the court decision enters into legal force |
| Disappearance under dangerous circumstances | The court may establish the presumed date of death if evidence exists |
📌 This is important for:
- opening an inheritance;
- termination of marriage;
- calculation of pensions, alimony, and insurance payments.
🧾 6. Legal Consequences of Declaring a Citizen Deceased
🔹 Declaration of a citizen as deceased entails the following consequences:
| Consequence | Legal Norm |
|---|---|
| 📜 Opening of inheritance | Civil Code, Article 1046 — from the date of death established by the court |
| 💔 Termination of marriage | Code “On Marriage (Matrimony) and Family”, Article 17 — automatically from the date the decision enters into force |
| 🏛️ Termination of civil legal relations | Contractual obligations, pension accruals, leases, etc. |
| 🧒 Change in the legal status of children | Possibility of establishing guardianship, recognition as orphans |
| 💰 Insurance and social payments | Based on the court decision and legislative acts |
🔁 7. Possibility of Revocation (see also Article 32 of the Civil Code)
If a person declared deceased reappears alive:
- the court decision is revoked;
- rights are restored;
- property is subject to return where possible;
- transactions concluded within inheritance proceedings may be challenged.
📁 8. Examples from Judicial Practice of the Republic of Kazakhstan
🔹 Example 1: Atyrau, 2021
A citizen disappeared in 2018 during a fishing voyage in the Caspian Sea. The body was not found. An application for declaration of death was filed in October 2021.📜 The court established the date of death as 14 March 2018, based on testimonies of crew members and data from the Ministry of Emergency Situations.
🔹 Example 2: Almaty, 2022
A man left for the Russian Federation in 2017 and ceased communication. The family applied to the court in 2021. The Ministry of Internal Affairs confirmed the absence of data.📜 The court declared the citizen deceased as of 15 March 2022, the date the decision entered into legal force.
📚 9. Related Legal Provisions
| Provision | Content |
|---|---|
| Civil Code, Articles 28–30 | Missing persons, guardianship, revocation |
| Civil Code, Article 1046 | Opening of inheritance |
| Civil Code, Article 1084 | Return of property in case of revocation of declaration of death |
| Code on Marriage and Family, Article 17 | Termination of marriage |
| Civil Procedure Code, Articles 318–322 | Judicial procedure for declaration of death |
🌍 10. International and Comparative Norms
✅ International Covenant on Civil and Political Rights (UN), Article 16Guarantees everyone the right to recognition as a person before the law, including the establishment of a clear legal status in cases of disappearance.
✅ International Convention for the Protection of All Persons from Enforced Disappearance (UN, 2006)Recognizes the necessity of official acknowledgment of the status of missing persons and legal mechanisms for fixing death in the interests of successors.
✅ 11. Conclusion
Article 31 of the Civil Code of the Republic of Kazakhstan provides a mechanism for the legal declaration of death in the absence of physical proof of death, which serves to:
- protect the rights of relatives and heirs;
- eliminate legal uncertainty;
- ensure the normal functioning of civil circulation.
🔹 At the same time, guarantees are preserved for the person declared deceased: if they reappear alive, they may be fully rehabilitated, and property must be returned where possible.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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