Declaration of a person as deceased - in case of prolonged absence of a citizen, if it is impossible to establish the place of his stay.
If a citizen is absent for a long time, if it is impossible to establish his place of residence, there is reason to assume that he has died. According to paragraph 1 of Article 31 of the Civil Code, a citizen may be declared dead at the request of interested persons. At the same time, it is not required that he be previously recognized as missing (paragraph 3 of the normative resolution of the Supreme Court of the Republic of Kazakhstan "On judicial practice in cases of recognizing a person as missing or declaring a person deceased").
Declaration of a person as deceased - in case of prolonged absence of a citizen, if it is impossible to establish the place of his stay.
The conditions for declaring a deceased person are: - the absence of information about him in his place of permanent residence for three years, and if he went missing under certain circumstances that threatened death or gave reason to assume his death from an accident, for six months.; - failure to receive information about the citizen's place of residence within the specified period and the inability, despite the measures taken, to establish whether he is alive. The law specifically defines the conditions for declaring a citizen missing in connection with military operations dead: he can be declared dead no earlier than two years after the end of hostilities (paragraph 2 of Article 31 of the Civil Code). The legal consequence of declaring a citizen dead is the termination or transfer to the heirs of all rights and obligations that belonged to him as a subject of law, that is, in fact, these are the same consequences that the death of a person entails.
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