Recognizing a person as dead is a process without which, in some cases, normal life cannot be continued. Each citizen should know how to carry out this procedure. After all, no one knows how life will turn. It is likely that some close relative will have to be recognized dead. And if you do not know how to translate the idea into reality, serious problems can arise. Moreover, not only in relation to the task, but also regarding property and inheritance disputes. So how to recognize a person dead? What kind of procedure is this? What are the consequences after its implementation? All this will be described later.
Two terms - two concepts
The first step is to understand the true meaning of the procedure. In Russia, there are two options for action related to the topic being studied - recognizing a citizen as missing and declaring him dead. What do these terms mean?
In the first case, it makes sense to say that the whereabouts of a person is not known. That is, about his loss. But with all this, it is not worth presuming death. Theoretically, a citizen can be alive.
But the announcement of the dead - this is an actual recognition of the death of a person without detecting his body. For example, after some natural disaster. In this case, serious consequences will occur that are of legal significance to relatives. But how and under what conditions is a citizen recognized dead? What is required for this?
Duration of absence
To begin with, it is important to know how much time about a person should be unknown. After all, otherwise he cannot be recognized dead or missing. What does the legislation of the Russian Federation say regarding this issue?
The thing is that the missing person is recognized as the one about whom nothing is heard for at least six months. But the status of the deceased people can get with:
- lack of information about the current place of residence of a citizen for 5 years;
- missing with conditions under which hypothetically death occurs with the condition of absence of 6 months;
- a missing soldier in the absence of news of a person for at least 2 years from the end of hostilities;
- in practice, there is recognition of the deceased after a 3-year status as a missing person.
Accordingly, the difference should already be clear. What other information should citizens pay attention to before recognizing someone dead? What should everyone know?
Effects
The consequences of recognizing a citizen as dead are what play a very important role. After all, as already mentioned, this procedure from a legal point of view entails special, significant changes. Which ones?
The thing is that after a person is declared dead, his death is actually recognized. That is, all rights of a citizen terminate. Potential heirs have the right to inherit, the marriage with the spouse is automatically terminated. In this case, relatives will be issued with a certificate of death.
The legal consequences of recognizing a citizen as deceased should also be understood. A person who supposedly died loses all his civil rights. They are being eliminated. And there come the consequences that relatives face in real death of a person. But if he is suddenly declared dead and proves that he is he, then all civil rights will be returned to him in full.
About recognition
And what is the procedure for recognizing a citizen as dead? In fact, there is nothing difficult in this procedure, but only with preliminary preparation. How to act if nothing is heard about someone for a long time?
You can be guided by the following principles:
- Gather evidence that could indicate the potential death of a citizen. Any papers and certificates will do.
- Write a statement of the established form for recognizing a person as dead. You will have to wait for the dates indicated previously. Prior to this, you can begin collecting documents and evidence. But there is no point in writing a statement.
- File evidence with a lawsuit. It is required to apply to the district judicial authority.
- Wait for a court decision. After that, you can go to the registry office and get a certificate of death of a citizen.
Accordingly, these are all the actions that have to be taken. It is noted that in some cases it is better to recognize a citizen as missing. But this is not a mandatory item. You can recognize the dead without this step. In fact, with proper preparation, the procedure will not be a hassle.
Statement
What does a declaration of recognition of a citizen look like? A sample will be presented later. It is worth paying attention to the fact that the applicant should be guided by the rules for writing any claim in order to competently express a desire to recognize a person as dead. It is mandatory to state the conditions that may serve as the basis for the satisfaction of the claim.
The main part of the statement may look something like this:
I, Marina Dmitrievna Ivanova, (passport details + date of birth), I ask you to recognize my husband, Ivan Ivanov, as the dead man in this lawsuit. Together we lived with him at the address (address of residence).
On the night of December 30-31, 2014, my husband went to his parents in the village of Kulikovo. At 04:15 they called me and informed me that my husband’s car was involved in the accident. But the bodies did not find him. Since then to this day nothing is known about him.
All evidence is attached to this lawsuit. Namely: (listing of documents).
Documentation
What the statement might look like is understandable. And what documents can come in handy so that the recognition of a citizen as deceased is successful. The thing is that papers can be different. But there is a generally accepted list that will allow you to quickly collect the missing documents.
Regardless of the situation, a citizen must bring:
- the statement of claim of the established form;
- identification;
- state duty receipt;
- Marriage certificate;
- birth certificate of a common child (if any);
- documents confirming kinship with the deceased (any, if the plaintiff is a relative);
- evidence of exposure to hazardous conditions (e.g. newspaper clippings, etc.).
It is the evidence that is the hardest. Indeed, as practice shows, there can be a lot of them. You can provide video and audio recordings, news, newspaper clippings, and so on. Only if there is sufficient information indicating the possibility of death, a citizen is recognized dead.
After the trial
Accordingly, after filing a claim with the court, you will have to wait a while. Typically, a decision to schedule a meeting to review a case is made within 5 days. After the plaintiff is invited to participate. The material presented for review is being studied. At the end, the judicial authority shall decide on the satisfaction of the claim or on its rejection.
If the application for the recognition of a citizen as deceased was satisfied, the plaintiff receives a certificate from the court with a court decision. It will come in handy later. What now have to do?
As already mentioned, contact the registry office. Preferably at the place of registration of the deceased. You will have to bring some documents with you and apply for the production of a death certificate. After a few days, you can pick up the finished document.
Documents for the registry office
Now it’s clear how a citizen is recognized as dead. What documents must be brought to the registry office in order to receive a death certificate? A person brings with him:
- documents confirming kinship (if any);
- court decision;
- identification;
- passport of the deceased (if any).
There is no need to pay state duty. All previously listed securities shall be accompanied by a statement of the established form on the issue of a death certificate. You do not need to fill it in advance. They will do everything directly in the registry office. Now it’s clear how a citizen is recognized as dead in Russia.