Recognition of a citizen as missing in court

By the decision of the Saryarkinsky District Court of Astana dated April 13, 2016, A. was declared missing. Satisfying the application of his wife U., the court reasoned that since April 2014, there had been no information about A. at his place of residence in Astana, this fact was confirmed by the testimony of an officer for particularly important cases of the Agency for Civil Service and Corruption, according to which A. was on the international wanted list for committing a crime under paragraph "d" of part 3 of Article 177 of the Criminal Code ("fraud"). The court also stated that no information about his place of residence had been received by the court within a month of the publication. The Court of Appeal of the Astana city Court correctly overturned this decision with the adoption of a new decision to reject the application, since the presence of a wanted person is not indisputable evidence for recognizing a person as missing. No other evidence of the unknown absence was obtained in court. Thus, when considering applications under Chapter 34 of the CPC, the courts should find out whether the unknown absence or declaration of the deceased is connected with the commission of a criminal offense, and thus prevent unfair actions by applicants, including those aimed at obtaining material benefits.

Recognition of a citizen as missing in court

The court's decision to declare a citizen missing or dead has a specific feature. The court's decision on recognizing a person as missing indicates the day from which the person is considered missing. According to paragraph 3 of Article 31 of the Civil Code, the date of entry into force of the court decision is considered to be the day of death of a citizen declared deceased.  However, there are still cases when courts in their decisions do not indicate the beginning of an unknown absence or the date of death of a person, while determining this date has legally significant consequences and, on the basis of judicial acts, his death is subsequently recorded in the books of civil status records. It should also be noted that some courts do not distinguish between the concepts of "recognition of missing persons" and "declaration of deceased", incorrectly stating these legal concepts throughout the text of the decision, transferring them to the operative part, recognizing a citizen as deceased or declaring a person missing. 

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