Jurisdiction in cases of recognizing a citizen as missing and declaring him dead

Proceedings in cases of recognizing a citizen as missing and declaring him dead are regulated by Chapter 34 of the CPC. Cases of this category are subject to the jurisdiction of courts of general jurisdiction and are considered in a special procedure. Thus, by the ruling of the judge of the specialized interdistrict juvenile Court of the Karaganda region dated May 30, 2017, the statement of the KSU "Pioneer Orphanage" recognizing R. The missing woman was sent under the jurisdiction of the Osakarovsky District Court of the same region, due to the fact that, according to part 3 of Article 27 of the CPC, this application is not within the jurisdiction of the juvenile court. At the same time, the court should have returned the application in accordance with subparagraph 2 at the adoption stage.) part 1 of Article 152 of the CPC, explaining which court the applicant should apply to. The law establishes an alternative jurisdiction for cases of recognizing a citizen as missing or declaring a citizen dead.

Jurisdiction in cases of recognizing a citizen as missing and declaring him dead

The application is submitted to the court at the applicant's place of residence or at the last known place of residence of the missing citizen (part 1 of Article 317 of the CPC). On February 27, 2017, O. applied to the Baikonur City Court of the Kyzylorda region with a statement declaring M.'s spouse missing.  By the ruling of the judge of this court dated March 6, 2017, the case was sent to the Karmakshinsky District Court of the Kyzylorda region, since M.'s place of residence is the village of Akai, located on the territory of the Karmakshinsky district. On 4 April 2017, the Karmakshinsky District Court referred the case to the Kyzylorda City Court, referring to the fact that the applicant resides in the city of Kyzylorda. The decision on the merits was made on September 13, 2017 by the Kyzylorda City Court. Thus, the Baikonur City Court, at the stage of accepting the application, without initiating a civil case, could return the application, giving O. an explanation about the treatment of these claims to the Kyzylorda City Court at her place of residence. From this example, it can be seen that the court committed a gross violation of the law, created unjustified red tape. 

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