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

A person missing in special circumstances has the following legal status:

●      the status is obtained based on a report made about the disappearance of such person to the local office of the National Police of Ukraine;

●      the person's marital status remains unchanged; you cannot divorce such person by submitting you’re an application for divorce;

●      the person retains his/her job and position, and in the case of a person authorised to perform state functions, he or she also retains his/her average salary;

●      guardianship over the property of such a person may be established by a notary until the court makes a decision to recognize him as missing;

●      measures are being taken to search for such a person.

On the other hand, the status of a missing person involves as follows:

●      the status is acquired based on a court judgment;

●      you can divorce such person by filing a divorce application with a civil registry office;

●      the person's property is placed under guardianship, which involves the repayment of debts out of such property and the maintenance of dependants;

●      an employment agreement is terminated;

●      other obligations inextricably linked to the missing person are terminated (e.g., representation under power of attorney, agency agreement).

A person missing in special circumstances may be declared to be a missing person by a court based on the application filed by relatives or other individuals if there has been no information about his/her whereabouts in his/her habitual residence for one year.