Russia (bbabo.net), - A group of deputies and senators submitted bills to the State Duma to simplify the procedures for recognizing a citizen as missing, declaring him dead and establishing the fact of the death of a serviceman during a special military operation. The document notes that the rule of the Civil Code (CC) of the Russian Federation for declaring dead after two years from the end of hostilities does not apply. The term will be six months.
The bills have been developed for the prompt execution of documents necessary for the families of military personnel and persons equated to them who are missing to receive various social and insurance payments, to provide them with social support measures, to ensure the safety of property of military personnel, the possibility of its inheritance, etc. The topic of the bills is delicate, as it concerns the participants of the SVO. Family members of missing soldiers have legal problems that need to be addressed immediately, but this is not always possible with the help of general rules.
“Because of bureaucratic delays, they are not always able to receive payments, social benefits, and inherit on time. We all need legal certainty in this matter so that the rights of military families are respected and protected,” said one of the project developers, chairman of the Committee on State Building and Legislation Pavel Krasheninnikov.
To simplify procedures, the bills propose to recognize military personnel as missing and declare a citizen dead in a shorter time. A number of provisions of the legislation are specified.
So, if a serviceman died and there are witnesses to the death, then a document of the established form on death will be issued, issued in the manner prescribed by the government of the Russian Federation, and which is the basis for state registration of death.
If within six months there is no information about the place of residence of a serviceman, that is, such information is not provided to family members by the unit commander or other authorized official, such a citizen may be declared missing in court (today it is one year). The form, procedure and terms for issuing the relevant document containing information about the circumstances of the disappearance of a serviceman will be approved.
If there were events indicating death, but no one can confirm the fact of death, then the soldier can be declared dead according to the specified rules. To clarify the circumstances giving grounds to assume death (for example, a shell hitting a building or a car, etc.), a document of the established form containing information about the disappearance or possible death of such a person may be submitted to the court.
“The rule of the Civil Code of the Russian Federation for declaring dead after two years from the end of hostilities does not apply. A period of six months will be valid (Clause 1, Article 45 of the Civil Code of the Russian Federation - the presence of circumstances indicating death), ”the text of the document states.
“It is important to note that the provisions of the bill are retroactive. That is, the provisions of the bill will also apply in the event of the death of a serviceman until the day it comes into force. This will make it possible to promptly protect the rights of military family members to receive social guarantees, sums insured and other payments at both the federal and regional levels in situations that took place before the introduction of the new regulation,” Krasheninnikov explained.
Changes in the legislation, which are proposed by these projects, are of extreme importance and relevance. The provisions of the bill apply to a wide category of citizens. They will ensure the protection of the rights and legitimate interests of the families of military personnel who participated in the military defense, including those called up for military service as part of mobilization, died in the line of duty or could be in the territory where the military defense is being carried out, or lived there.
The draft law "On Amendments to Certain Legislative Acts of the Russian Federation" also introduces "social" changes to certain laws.