What is the difference between the status of a person missing in special circumstances and a missing person?

Special circumstances are the conditions under which a person has gone missing and his or her whereabouts are unknown. They include:

• Military operations or armed conflict - staying in a war zone, occupation, evacuation or participation in military operations.
• Natural disasters - earthquakes, floods, fires, and other natural catastrophes.
• Man-made disasters - accidents at factories, explosions, fires, radiation contamination.
• Terrorist acts - the disappearance of a person as a result of a terrorist attack.
• Mass riots, disturbances, protests - if a person disappeared during civil resistance or conflicts.
• Captivity, abduction - if there are grounds to believe that a person is being held forcibly.
• Other emergencies that pose a threat to life and health - for example, transport accidents, building collapses, etc.

The disappearance of a person under such conditions gives the right to obtain the status of a ‘person missing under special circumstances’, which provides additional legal protection to relatives and simplifies further legal procedures.

1. The status of a person missing under special circumstances:

• This status is granted on the basis of a missing person's report filed with the National Police.
• The marital status remains unchanged, and the spouses cannot divorce through the Civil Registry Office.
• The person retains his/her place of work and position, and in the case of civil servants, the average salary.
• A notary may establish temporary guardianship over the person's property until a court decides to declare the person missing.
• Measures to find the person are initiated.

2. Status of a missing person:

• Granted by a court decision after one year of missing.
• The spouses have the right to divorce through the Civil Registry Office without going to court.
• The employment contract is terminated and the person is excluded from the employer's personnel records.
• Official custody of property is established, including management, debt repayment and provision for dependents.
• Representation by power of attorney and other obligations related exclusively to the person are automatically terminated.