The Mother of a Soldier who went missing near Bakhmut in 2023 succeeded in court in declaring him deceased

During the full-scale war, many Ukrainian servicemen are considered missing under special circumstances. In cases where a person disappeared during combat and no information about their whereabouts has been available for a long time, family members can apply to the court to declare them deceased.

Such cases have important legal significance, as the court's decision serves as a basis for exercising the property and social rights of relatives, including inheritance registration, pension assignment due to the loss of a breadwinner, and receiving one-time financial assistance provided by law.

One such case was considered by the Metallurgical District Court of Kryvyi Rih, which decided to declare deceased a serviceman who went missing during a combat mission near Bakhmut in April 2023.

Case essence

The mother of the serviceman applied to the court with a request to declare her son deceased. The application stated that he was serving under mobilization and went missing on April 24, 2023, during a combat mission near the city of Bakhmut, Donetsk region, as a result of a massive artillery shelling and enemy assault.

Case materials No. 210/2140/26 included a military unit report on the serviceman's disappearance, an extract from the Unified Register of Persons Missing under Special Circumstances, an extract from the Unified Register of Pre-trial Investigations about the opening of a criminal case, an extract from the combat operations log, an official investigation report, and an order from the military unit commander on the investigation results.

The documents show that the serviceman was performing a combat mission near Bakhmut. After massive artillery shelling and enemy assault, a personnel check established his disappearance. He was not among the evacuated wounded or dead, did not make contact, and the official investigation determined that his disappearance was related to performing a combat mission to defend Ukraine's independence, sovereignty, and territorial integrity, and was not connected to any criminal or administrative offense. The case also contained responses from the Coordination Headquarters and the National Information Bureau confirming no verified information about the serviceman being in captivity or his whereabouts.

The applicant stated that declaring her son deceased was necessary for inheritance rights registration and receiving one-time financial assistance according to Cabinet of Ministers Resolution No. 168.

Court's position and conclusions

The court cited provisions of Articles 46 and 47 of the Civil Code of Ukraine, Articles 293, 315, 317 of the Civil Procedure Code of Ukraine, and the Law "On the Legal Status of Persons Missing under Special Circumstances."

The court noted that according to part two of Article 46 of the Civil Code of Ukraine, a person missing due to military actions or armed conflict may be declared deceased by the court after two years from the end of hostilities, but considering the specific circumstances of the case, this can be done before that period, but not earlier than six months.

The court applied the legal position of the Grand Chamber of the Supreme Court set out in the ruling of December 11, 2024, in case No. 755/11021/22. According to it, the provisions of part two of Article 46 of the Civil Code of Ukraine are special for cases of disappearance related specifically to military actions, and the six-month period is counted from the end of active hostilities in the area where the person likely died.

The court noted that according to the List of territories where hostilities are or were conducted, active combat in Bakhmut ended on December 12, 2023. At the time of the case review, more than a year had passed since the end of active hostilities at the place of the serviceman's disappearance, during which no information about his whereabouts was received, and he was not listed among prisoners or the dead.

Evaluating all available evidence together, the court concluded that the circumstances of the serviceman's disappearance during a combat mission, the prolonged absence of any information about him, and the results of the official investigation provide sufficient grounds to reasonably presume his death.

As a result, the court granted the application, declared the serviceman deceased, setting the date of death as April 24, 2023, and the place of death as the city of Bakhmut, Donetsk region. The court also explained that if the person appears or information about their whereabouts is received, the decision declaring them deceased may be revoked in accordance with the law.

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