Recognition as missing is a very complex and lengthy legal process, but its passage is often of fundamental importance. In addition, this procedure entails certain legal consequences. What needs to be done to obtain the status of missing missing?
The recognition of a citizen as such is extremely important for other persons with whom this person entered into certain legal relations. The absence of a person and any news of him for a long time leads to legal uncertainty, the consequences of which often violate the rights and interests of other people.
In what cases can a person be called “missing”?
The procedure for recognizing a citizen as missing and the grounds for this are spelled out at the legislative level. A fundamentally important point here is the lack of any information about the place of temporary residence or permanent residence of a person for a specific period. 
In accordance with Art. 42 of the Civil Code of the Russian Federation, one calendar year is the same deadline after which interested persons who do not have information about the location of a citizen can apply for declaring the latter missing.
Missing status: who needs it?
When is it time to go to court? A lawsuit to recognize a citizen as missing and a decision in this case can become a legal starting point. Here are just a few examples of situations in which there may be an urgent need to declare a person missing without information about his whereabouts:
- The creditor is not able to receive property or cash due from the debtor.
- In case of loss of the breadwinner, disabled dependents are automatically deprived of care and livelihoods.
- A minor child living with one of the parents will not be able to leave the territory of the state without the notarial permission of the second parent, if nothing is known about his whereabouts.
- The remaining legal spouse does not have a legal opportunity to terminate an official marriage with a missing person.
- The interests and rights of the most missing person remain without protection for a long time. Without proper supervision, there is property, which may lead to its final loss or unlawful encroachment of other persons.
A statement of claim declaring a person missing
In order to overcome such legal uncertainty, a legal mechanism was developed for recognizing a person as missing, the connection with which was cut off. In fact, this is the only way to protect or restore the violated rights and interests of third parties. The next step in resolving extraordinary situations will be the recognition of the missing person as dead. A separate judicial procedure has been established for both procedures, characterized by special procedural proceedings.
An application for recognition of a citizen as missing goes through several stages of consideration on the merits. The first thing the court pays attention to is the existence of grounds for filing a lawsuit. The applicant needs to gather evidence of the absence of a person. In addition, the lawsuit will be considered only in the event of a one-year loss of a citizen. All arguments submitted by the applicant are subject to scrutiny.A positive decision in the case is possible only if the court cannot find any meaningful information about the whereabouts of the absent. The plaintiff also has another task - to confirm that obtaining such information is absolutely impossible at the moment.
Refusal: why does the court not always recognize the fact of a person missing?
As already noted, the time of the application should be preceded by a specific prescribed Art. 42 of the Civil Code of the Russian Federation, a period that suggests the likelihood of information about a missing person. However, compliance with this requirement does not mean that the court will accept the claim for consideration.
In particular, the declaration of a citizen as missing will be called into question, since there are cases when individuals deliberately hide their place of residence or temporary residence from selfish motives. The reason for this behavior may be the desire to avoid debt to the creditor, to avoid paying alimony.
Often, citizens hide from criminal or administrative liability for their unlawful act. If it is possible to apply to a missing person any of the above circumstances, declaring him missing is unlikely.
How to determine the date from which a person will be considered missing missing?
Thus, the search for people from whom there is no news is a paramount task for the person concerned. Undoubtedly, the very fact that a person is recognized as missing entails the onset of some legally significant consequences, and therefore the judge must approach his statement with responsibility. The period during which the slightest information about the absent has not been received is calculated from the moment of receipt of the latest news about the whereabouts of the wanted person. 
Otherwise, if it is difficult to determine the same date, the first day of the next month is taken as the beginning of the period after receiving any information about the place of residence or residence of the absent, and if it is not possible to establish the last month, the period is counted from January 1 of the next year.
What is the difference between declaring absent and declaring dead?
Interested parties rarely stop searching for people deemed missing. According to the Civil Code of the Russian Federation, a person can be declared dead three years after the decision of a court decision recognizing the latter as missing. It is worth noting that the legal consequences of recognizing a citizen as missing, and the circumstances that open after recognizing him as dead, have significant differences.
So, in the first case, cardinal and irreversible legal changes do not occur. Due to the recognition of a person as missing by a court decision, a caretaker is appointed, who is charged with maintaining the property and property of the missing owner. In accordance with Art. 43 of the Civil Code of the Russian Federation, this person is vested with a number of powers at the discretion of the guardianship authorities.
In fact, a missing citizen is not deprived of legal capacity, because there is no official confirmation of his death, which means that if he is returned, the court’s decision to declare him missing may be annulled.
Declaring the dead: opening an inheritance and other consequences
Recognition of a citizen as deceased upon positive consideration of the application is more related to the further fate of the property of the missing person. The following legal situations can be called the most common:
- An inheritance is opened, in which persons can enter in accordance with the order and sequence of inheritance.
- Part of the acquired material assets goes to repay credit debts and obligations undertaken by the absent person until the moment of loss.
- Another part of the funds goes to support dependents (for example, young children or guardianship, disabled parents).
- Dependents maintained at the expense of the missing person, having been recognized as such, have the right to apply to the state for the right to receive benefits (survivor's pension).
- Third parties automatically lose their rights and obligations arising from the contract of assignment in which the absent citizen was one of the parties during his lifetime.
- From the moment a person is recognized as missing, the power of attorney loses its legitimacy. Moreover, this applies to the document that was issued in the name of the missing person, and the one that was issued by him.
Is it possible to shorten the term for recognizing a person as dead?
At the same time, in order to receive an act of civil status on the death of a person, as already noted, three years must pass from the date of the decision to grant the person status of a missing person. A person is declared to be dead if there are circumstances that could lead to death, i.e., obviously dangerous situations (natural disasters, cataclysms, crashes, plane crashes, etc.). 
In this case, the person will be declared dead, even if his body was not found at the time of filing the lawsuit.
Judgment Procedure
Thus, recognition as missing is the first step on the way to certifying the death of a missing person, which involves performing a series of sequential actions from interested citizens:
- Writing an application;
- filing a lawsuit with a court;
- consideration of the application in court;
- familiarization with evidence of the lack of information on the whereabouts of the missing person;
- decision making in the case.
Who are the “stakeholders"?
By the way, in the civil procedure legislation there is no clear definition of the term “interested person”. However, in practice, citizens most often turn to a court to declare a person unaccounted for:
- legal spouse
- disabled parents;
- minor children;
- ward dependents;
- persons whose interests and rights have been violated by a missing citizen;
- representatives of the local administration;
- the prosecutor.
It also happens that missing people are found. When a person appears in respect of whom a decision has been made to declare him missing, all legal consequences related to this regarding property rights are leveled. But the cancellation of the court verdict does not allow, for example, to declare divorce illegal if the second spouse has already managed to arrange new family relations during the period of absence.