Rus Articles Journal

Recognition of the citizen is unknown absent and the announcement of the citizen the dead (the code of civil procedure of RSFSR) of

Chapter 28. Recognition of the citizen is unknown absent and the announcement of the citizen died

Article 252. Filing of application

the Statement for recognition of the citizen is unknown

absent or about the announcement of the citizen is filed a lawsuit by the dead at the place of residence of the applicant.

Article 253. The contents of the statement

have to be specified by

In the statement for what purpose it is necessary to recognize unknown to the applicant of the citizen absent or to declare him the dead, and also the circumstances confirming the unknown absence of the citizen, or the circumstances threatening to the missing person with death or giving the grounds to assume his death from a certain accident have to be stated.

Article 254.

the Judge by preparation of business for judicial proceedings finds out actions of the judge after adoption of the statement what persons (relatives, colleagues, etc.) can supply the information about absent, and also requests the relevant organizations (zhilishchno - the operational organizations, bodies of militia, executive committees of settlement or village councils of People`s Deputies) at the last known place of residence and the place of work absent about the data which are available about it.

the judge can suggest body of guardianship and guardianship to appoint by

After adoption of the statement the trustee for protection of the property which is absent. (in an edition. Decrees of Presidium of VS RSFSR from 01. 08. 80, from 24. 02. 87 - Sheets of VS RSFSR, 1980, N 32, Art. 987; 1987, N 9, Art. 250)

Article 255. Obligation of participation of the prosecutor

Case of recognition of the citizen is unknown

absent or about the announcement of the citizen the dead the court considers with obligatory participation of the prosecutor.

Article 256. The judgment according to the statement

the Judgment by which the citizen is recognized is unknown

absent, is the basis for appointment as body of guardianship and guardianship in the location of the property which is absent guardianship over this property.

the Judgment which the citizen is declared the dead is the basis for entering by body of civil registration of record about death of this citizen into the register.

Article 257. Consequences of an appearance or detection of the place of stay of the citizen, recognized it is unknown absent or died

in case of an appearance or detection of the place of stay of the citizen, recognized it is unknown absent or declared the dead, the court the new decision cancels the earlier passed decision. This decision is the basis for removal of guardianship from property and for cancellation of record about his death in the register.