Announcement of a Military Person as Deceased: How to Gather Evidence for State Compensation

In cases of missing persons during the war, the circumstances of disappearance are decisive in determining the time frame for declaring a person deceased. If a person has not been in contact for a long time and there is no information about their whereabouts, the law allows the court to determine their legal status — as missing or to be declared deceased.

During the full-scale war, such cases most often concern military personnel. In such cases, the court examines the circumstances of the disappearance and the available evidence to make a decision regarding the person's legal status.

Legal mechanisms for confirming death or demise: what the law provides

Ukrainian legislation provides several legal procedures to confirm a person's death or grant them the status of deceased. One such mechanism is establishing the fact of death in court.

According to paragraph 8 of part 1 of article 315 of the Civil Procedure Code of Ukraine, the court may establish the fact of death if it is impossible to register it through the civil registry offices due to the absence of necessary documents. Civil registry offices issue death certificates only upon official confirmation — for example, a medical death certificate or a court decision. Therefore, in such cases, evidence confirming the fact of death is important: documents, photos, videos, eyewitness testimonies, and other materials.

Thus, establishing the fact of death is applied in cases where a person has actually died, but it is impossible to officially formalize it in the usual way.

Another legal mechanism — declaring a natural person deceased — is used in cases where the person's whereabouts have been unknown for a long time, and there is no information about them. This mechanism is applied when there is no direct evidence of death, such as a body or medical confirmation, but there are circumstances that provide sufficient grounds to presume the person's demise — disappearance, combat actions, disasters, or other dangerous events.

In such cases, the court does not establish the fact of death itself but legally equates the person to deceased based on the totality of available evidence and circumstances.

According to article 46 of the Civil Code of Ukraine, a person can be declared deceased if there is no information about their whereabouts at their place of permanent residence for three years.

At the same time, shortened terms are provided in exceptional cases:

• 6 months — if the person disappeared under circumstances that threatened their life or provide grounds to presume death (part 2 of article 46 of the Civil Code of Ukraine);
• 2 years from the end of hostilities — if the person disappeared due to military actions or armed conflict (part 2 of article 46 of the Civil Code of Ukraine).

Another important step before applying to the court is the official registration of the search for the person as missing. For this, an application is submitted to the National Police of Ukraine about the person's disappearance. The information may be additionally verified through the military unit, Territorial Center for Recruitment and Social Support, state registries, as well as through the Coordination Headquarters for Prisoner of War Affairs, the Security Service of Ukraine, and the Red Cross.

The obtained responses, certificates, and search materials form the evidentiary base for the court and confirm that the person's whereabouts could not be established and that the applicant used the legally provided search mechanisms.

Features of cases involving military personnel

In cases concerning military personnel, courts assess not only the fact of disappearance but also the circumstances under which it occurred and the totality of available evidence. Therefore, it is important for relatives to prepare the evidentiary base in advance, as courts make decisions not based on assumptions but on documented data. The more fully the circumstances of the disappearance are recorded — time, place, nature of the combat situation, and subsequent actions of the military unit regarding the search — the more justified the applicant's position in court.

The application for declaring a serviceman deceased must specify the parties' data, the date and circumstances of the serviceman's disappearance, information about the search measures carried out, as well as a list of evidence confirming that the disappearance occurred under conditions related to combat actions. Additionally, the application must contain information about the applicant and the missing person, as well as a clear statement of the case circumstances.

Documents confirming the stated circumstances are also attached to the application. Among them:

• a copy of the applicant's passport;
• a certificate from the military unit about the disappearance;
• an extract from the order about military service or participation in combat actions;
• materials regarding the search measures conducted (including appeals to the police, Security Service of Ukraine, Red Cross);
• documents confirming family ties with the missing person;
• a receipt for payment of the court fee.

According to articles 305 and 317 of the Civil Procedure Code of Ukraine, such cases are considered by courts of first instance.

Territorial jurisdiction is determined by the applicant's choice, in particular by the last known place of residence of the person, the location of their property, or, in cases concerning military personnel, also by the applicant's place of residence.

As Sudovo-Yurydychna Hazeta wrote, the Supreme Court clarified the approach to determining the start of the six-month period for declaring a natural person deceased in cases related to combat actions.

In the ruling dated 20.05.2026 in case No. 405/6164/24, the court noted that in cases of disappearance during the war, the key factor is not the date of disappearance but the moment of the end of active hostilities in the territory where the death could have occurred. It is from this moment that the special period provided for in part 2 of article 46 of the Civil Code of Ukraine begins to run.

The mother of a serviceman applied to the court with a request to declare her son deceased. According to the materials, the serviceman disappeared on January 25, 2024, near Bakhmut while performing a combat mission. The fact of disappearance was confirmed by official reports and materials from the military unit.

The courts of first and appellate instances satisfied the application, based on the fact that the circumstances of the case indicate a real threat to life and provide grounds for applying the shortened six-month period instead of the general two-year period.

The cassation appeal of the Ministry of Defense was dismissed. The court noted that the arguments amounted to a reassessment of evidence, which goes beyond the scope of cassation review (article 400 of the Civil Procedure Code of Ukraine). The Supreme Court confirmed that for the application of part 2 of article 46 of the Civil Code of Ukraine, the decisive factor is establishing the moment of the end of active hostilities in the relevant territory. This date determines the start of the six-month period, not the day of the person's disappearance.

The court also emphasized that the circumstances of combat actions can be confirmed by official lists and acts of authorized bodies.

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