Recognition of a citizen as deceased: procedure for action

Recognition of a citizen as deceased: procedure for action

Recognizing a person as dead is a process, withoutwhich in some cases can not continue a normal life. Every citizen should know about how to conduct this procedure. After all, no one knows how life will turn. It is likely that some close relative will have to be deemed dead. And if you do not know how to implement the idea, serious problems can arise. And not only in relation to the task, but also on 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 discussed later.recognition of a citizen as a deceased person

Two terms - two concepts

The first thing is to understand the true meaningprocedures. In Russia, there are two options for actions related to the topic being studied: the recognition of a citizen as missing and the announcement of a deceased person. What do these terms mean?

In the first case, it makes sense to say that the location of the person is not known. That is, about its loss. But with all this, it is not worth assuming death. Theoretically, a citizen can be alive.

But the announcement to the deceased is an actualrecognition of the death of a person without finding his body. For example, after some kind of natural disaster. In this case, there will be serious consequences that are of legal significance for the relatives. But how and under what conditions is the recognition of the citizen deceased? What is required for this?

Terms of absence

To begin with, it is important to know how long thea man should be nothing. Otherwise, it can not be deemed dead or missing. What does the RF legislation say about this issue?recognition of the citizen as missing and announcement of the deceased

The thing is that the missing person is recognized as the one who has not heard anything about half a year. But the status of the deceased people can be obtained with:

  • lack of information about the current place of residence of a citizen for 5 years;
  • missing with the conditions under which hypothetical death occurs with the condition of absence from 6 months;
  • the missing military man, provided there is no news of a person for at least 2 years from the end of hostilities;
  • in practice, there is recognition of the deceased after 3 years of age as a missing person.

Accordingly, the difference should already be understood. What other information should people pay attention to before recognizing someone dead? What should everyone know?

Effects

The consequences of recognizing a citizen as a dead person aresomething that plays a very important role. After all, as already said, this procedure from a legal point of view entails special special, meaningful changes. Which ones?application for the recognition of a citizen as a deceased person

The thing is that after the recognition of a persondeceased, in fact, his death is recognized. That is, all rights of a citizen are terminated. The potential heirs have the right to inherit, marriage with the spouse automatically terminates. In this case, relatives will be issued a certificate of the death of a person.

Legal consequences of recognizing a citizen as deceasedtoo, should be clear. A man who allegedly died, loses all his civil rights. They are eliminated. And there are consequences that the relatives encounter in the actual death of a person. But if suddenly recognized dead will show up and prove that he is exactly he, then all civil rights will be returned to him in full.

On the procedure for recognizing

And what is the procedure for recognizing a citizen as a deceased person? In fact, there is nothing difficult in this procedure, but only with the preliminary preparation. How to act if someone is not heard for a long time?procedure for recognizing a citizen as a deceased person

You can follow the following principles:

  1. Collect evidence that may indicate a potential death of a citizen. Suitable for any paper and evidence.
  2. Write application form forrecognition of a person as deceased. We will have to wait until the dates indicated above. Before that, you can start collecting documents and evidence. But there is no sense in writing the statement.
  3. Submit evidence to suit the court. It is required to apply to the district court.
  4. Wait for the court decision. After that, you can go to the registrar and get a certificate of the death of a citizen.

Accordingly, these are all actions thatwill have to take. It is noted that in some cases it is better to recognize a citizen missing. But this is not a mandatory item. The deceased can be recognized without this step. In fact, if properly prepared, the procedure will not be a hassle.

Statement

What does the application for the recognition of a citizen look like?dead? The sample will be presented later. It is worth paying attention to the fact that the applicant must follow the rules of writing any lawsuit in order to correctly express the desire to recognize a person as dead. It is absolutely necessary to state the conditions that can serve as the basis for the satisfaction of the claim.consequences of recognizing a citizen as dead

The main part of the application might look something like this:

I, Ivanova Marina Dmitrievna, (passport data + date of birth), I ask you to acknowledge this deed to my deceased Ivan Ivanov as a real suicide. We lived together with him at the address (address of residence).

On the night of December 30 to December 31, 2014, my husbandwent to his parents in the village of Kulikovo. At 04:15 they phoned me and told me that my husband's car was involved in the accident. But his body was not found. Since then and to this day nothing is known about him.

All evidence is attached to this suit. Namely: (enumeration of documents).

Documentation

What a statement might look like, it's understandable. And what documents can be useful in order for the recognition of a citizen to be deceased was successful. The thing is that the papers can be different. But there is a generally accepted list that will allow you to quickly collect missing documents.

Regardless of the situation, a citizen should bring:

  • statement of claim;
  • identification;
  • receipt of payment of state duty;
  • Marriage certificate;
  • certificate of birth of a common child (if any);
  • documents confirming kinship with the deceased (any, if the plaintiff is a relative);
  • evidence of being in dangerous conditions (for example, newspaper clippings and so on).

It is with evidence that it is harderTotal. After all, as practice shows, there can be a lot of them. You can provide video and audio recordings, news, clippings from newspapers and so on. Only if there is sufficient information indicating the possibility of death, a citizen is deemed dead.legal consequences of recognizing a citizen as deceased

After the trial

Accordingly, after the filing of the statement of claim inthe court will have to wait a while. Usually the decision to appoint a meeting for the consideration of the case shall be made within 5 days. After the plaintiff is invited to participate. The material presented for review is being studied. At the end, the judiciary decides whether to satisfy the claim or on its rejection.

If the application for the recognition of a citizen as a deceased has been satisfied, the claimant receives a certificate from the court with a judicial decision. It will come in handy later. What do you have to do now?

As already mentioned, apply to the registry office. It is desirable at the place of residence of the deceased. With you, you will have to bring some documents and apply for a certificate of death. After a few days, you can pick up the finished document.application for the recognition of a citizen as a deceased specimen

Documents for the registry office

Now it is clear how the recognition of a citizen is deceased. What documents do I need to bring to the registry office in order to obtain a death certificate? The person brings with him:

  • documents proving the relationship (if any);
  • judicial decision;
  • identification;
  • passport of the deceased (if any).

You do not need to pay a state fee. All previously listed securities are accompanied by a statement of the established model for the issuance of a death certificate. You do not need to fill it in advance. All will do directly in the registry office. Now it is clear how the recognition of a citizen is deceased in Russia.



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