Recognition of missing persons, declaration of the deceased intentionally hiding in order to evade any obligations
It is not uncommon for courts to recognize as missing and declare dead such citizens who deliberately hide in order to evade any obligations, and in some cases in order to avoid criminal liability. The applicant B. applied to the court for the recognition of U.'s son as missing, stating that he, his wife and four minor children had left the city of Atyrau. After a while, she found out that the children were in Syria. Later, the daughter-in-law returned to Kazakhstan with five children, while the son remained in Syria. Recognizing a son as missing is necessary in order to receive benefits for his children. The case file contains a certificate from the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of Atyrau region stating that a criminal case was opened against U., born on January 31, 1984, under article 172 of the Criminal Code for participation in foreign armed conflicts, and a preventive measure was imposed on him by a court order dated June 15, 2016. in custody, the latter is on the international wanted list.
Recognition of missing persons, declaration of the deceased intentionally hiding in order to evade any obligations
Also attached to the case file is a copy of the Atyrau City Court's decision of August 2, 2016 to establish the fact of X's birth. On December 2, 2015, in the city of Idlib, Kafer of the Syrian Arab Republic, whose mother is E., born on October 3, 1984, and father is U., born on January 31, 1984. This decision established that U., his wife E. and four minor children left for the Astrakhan region of the Russian Federation in May 2015, from where they flew to Turkey, and then through illegal channels left for the territory of Syria. On May 8, 2016, E. returned to Kazakhstan with her five children. During her stay in Syria, on December 2, 2015, in the village of Kafer Taharim in the Idlib province of the Syrian Arab Republic, she gave birth to a daughter. By the decision of the Atyrau City Court of November 6, 2017, U. was declared missing. The case has not been considered on appeal or cassation. We believe that in the presence of the above information about U., namely, about the initiation of a criminal case, his presence on the international wanted list, as well as the well-known location, the court did not have any legitimate grounds for recognizing him as missing. Under similar circumstances, the courts of Aktobe, West Kazakhstan and Pavlodar regions made legitimate and reasonable decisions, that is, the applications were refused. Thus, by the decision of the Aktobe City Court of February 27, 2017, M.'s application for recognition of R. as missing was denied. It follows from the case file that since 2010 the applicant had been married to R., who was divorced in April 2014. The last conversation between them took place on May 8, 2015, from which I learned that the latter was in the Syrian Arab Republic. Recognition of R. missing persons are required to receive state child support. As part of the pre-trial preparation of the case, the court made inquiries to law enforcement, special and other state bodies regarding R. According to the information provided, a criminal case was opened against R. on the fact of propaganda of terrorism and extremism, participation in the activities of a terrorist group, that is, on the grounds of crimes provided for in Article 256 of Part 1, Article 257 of Part 2 of the Criminal Code (next is the Management Code). Whereas, in relation to R. A criminal case was opened on the facts of crimes against peace, humanity, public safety and public order, the latter was put on the international wanted list, as well as information about the possible presence of the latter in Syria, the court dismissed the application.
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