Missing in Action: Why Relatives Have to Declare Soldiers Dead in Court

Legal Difficulties of the 'Missing in Action' Status

According to ХВИЛЯ: The status of 'missing in action' for Ukrainian servicemen creates serious legal difficulties for their relatives. In many cases, relatives are compelled to go to court to have their loved ones declared dead. This, in turn, is necessary for the inheritance process, the appointment of a pension due to the loss of a breadwinner, and receiving one-time payments for the death of a serviceman.

According to lawyer Andriy Brylov, without a court decision declaring a person deceased, close relatives cannot resolve these important issues.

“After all, if a person is declared missing in action, legally they are still alive,”

Brylov noted. This complicates life for many families who find themselves in a difficult situation due to the war.

Financial Consequences of the 'Missing in Action' Status

Without confirmation of deceased status, relatives cannot process the inherited property of the serviceman, which creates additional difficulties in financial matters. At the same time, the inability to appoint a pension due to the loss of a breadwinner and process the one-time payment provided for the death of a serviceman only exacerbates the emotional and financial burden on families. The situation requires urgent resolution, as for many relatives this is the only way out of the difficult legal circumstances.

The problem with formalizing the 'missing in action' status highlights the importance of legal protection for the relatives of servicemen who have become victims of war. In the context of a prolonged conflict situation, where many people remain missing, it is necessary to find effective legal solutions that would ease the processes for families. This issue concerns not only financial support but also the emotional comfort of those who are grieving the loss of loved ones.