A woman waited three years for her husband: the court declared the soldier who disappeared near Bakhmut dead

The Hlybotskyi District Court of Chernivtsi region satisfied the application of the serviceman’s wife to declare him dead. The court recognized March 31, 2023, as the date of death — the day of his probable death while performing a combat mission near the village of Khromove in Bakhmut district of Donetsk region.

The wife applied to the court after three years of searching

In May 2026, the wife applied to the court with a request to declare the individual dead. She stated that she is the wife of a serviceman who was mobilized for military service on January 26, 2023, for a special period and sent to a military unit for further service. He was appointed as a scout of the reconnaissance section of the reconnaissance platoon of the mechanized battalion of the military unit.

Since January 26, 2023, the serviceman served in the Armed Forces of Ukraine. According to the combat order of the operational command and the combat order of the military unit commander, he carried out a combat mission related to the defense of the sovereignty, territorial integrity, and inviolability of Ukraine under martial law conditions in the area of the settlement of Khromove, Bakhmut district, Donetsk region.

Disappeared during a combat mission

By family notification dated April 5, 2023, the wife was informed that her husband went missing on March 31, 2023, near the settlement of Khromove, Bakhmut district, Donetsk region. Since March 2023, searches have been ongoing for the missing senior soldier who was on position while defending the homeland. After three years of searching, he has not been found.

The applicant requested to declare her husband dead from the day of his probable death near the settlement of Khromove, Bakhmut district, Donetsk region, while performing duties during combat operations, carrying out tasks and measures of national security and defense to repel and deter the armed aggression of the Russian Federation against Ukraine.

Confirmation of the circumstances of disappearance

A service investigation conducted by the military unit commission obtained explanations from servicemen who confirmed that on March 31, 2023, as a result of a combat clash of the mechanized battalion with the enemy near the settlement of Khromove, Donetsk region, the scout of the reconnaissance section went missing. An extract from the order of the military unit commander decided to consider him missing. An extract from the combat log also records the disappearance on March 31, 2023. The service investigation report establishes that the disappearance occurred during the performance of a combat mission in the combat zone and is related to the performance of military service duties and the defense of the homeland.

On April 4, 2023, a report was submitted to the National Police of Ukraine about the disappearance, and the information was entered into the Unified Register of Pre-trial Investigations. At the time of the case review, there is no information that the serviceman is alive, in captivity, in uncontrolled territory, or has left Ukraine.

According to the List of territories where combat operations are conducted (were conducted) or temporarily occupied by the Russian Federation, approved by the order of the Ministry for the Reintegration of Temporarily Occupied Territories of Ukraine No. 376, active combat operations in the territory of the settlement of Khromove, Bakhmut city territorial community, Bakhmut district, Donetsk region ended on February 11, 2024.

A representative of the Ministry of Defense of Ukraine noted that the six-month period should be counted from the day active combat operations ended at the probable place of death and asked to consider the conclusions of the Supreme Court on this category of cases.

What the court decided

The Hlybotskyi District Court of Chernivtsi region in case No. 715/1515/26 decided to satisfy the application.

The court declared the citizen of Ukraine, a serviceman of the Armed Forces military unit, dead as a result of his direct participation in combat operations and ensuring national security and defense measures of Ukraine, whose death is related to the performance of a combat mission under martial law, from the day of probable death.

The date of death is considered March 31, 2023. The place of death is considered the settlement of Khromove, Bakhmut district, Donetsk region.

The court noted that according to parts two and three of Article 46 of the Civil Code of Ukraine, a person who disappeared due to military actions or armed conflict may be declared dead by the court after two years from the end of hostilities. Considering the specific circumstances of the case, the court may declare a person dead earlier, but not earlier than six months. A person who disappeared under circumstances threatening their life or giving grounds to presume death from an accident or military actions, armed conflict, may be declared dead from the day of probable death.

The court referred to the resolution of the Grand Chamber of the Supreme Court dated December 11, 2024, in case No. 755/11021/22. Considering the specific circumstances of the case, the court may declare a person dead earlier than the two-year period, but not earlier than six months. A person is declared dead from the day the court decision becomes legally effective. A person who disappeared under circumstances threatening their life or giving grounds to presume death from an accident or military actions, armed conflict, may be declared dead from the day of probable death.

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