Consultation
We go through what is known and decide whether court proceedings are needed now or enquiries and the search come first.
MILITARY LAW / 36
A serviceman is missing in action: the search, his status and the family's rights
The family has no news, and the military unit answers briefly or not at all. We obtain official information about the serviceman's fate, press for his status to be recorded correctly, and protect the family's rights while the search continues.
- Practice led by
- Yury Koval, advocate
- Practice block
- Status, documents, family
- Format
- Moscow and remotely across Russia
What is happening
Contact stops, and the unit gives inconsistent answers. The family never sees a document, and without a document no payment and no application can move forward. Months pass, and the uncertainty becomes a legal problem of its own.
Sometimes the opposite happens. A serviceman is recorded as missing although there is information about captivity or hospital treatment. Or the family is encouraged to agree to a declaration of death when no real search has been carried out. Either situation changes the relatives' status and the rights attached to it.
We work on both sides of the task. We obtain from military and investigative authorities the information they are obliged to give, and we separately conduct court proceedings about status when the family genuinely needs them.
What the law says
- A missing serviceman is not treated as dead. Until a court decision or an official finding, he remains a serviceman, and his service pay continues to be paid to the family.
- The search is conducted by the unit's command, the military investigative authorities and the military prosecutor's office. The family is entitled to file applications and receive written replies, not verbal explanations by telephone.
- Being recognised as missing and being declared dead are two different cases with two different court decisions. The time limits and the consequences also differ.
- For participants in the special military operation Article 45 of the Civil Code as amended by Federal Law No. 120-FZ of 14 April 2023 provides a shorter period for applying to court: six months instead of the general term.
- A decision declaring a person dead opens the succession and grounds the payments, but it also ends the rights attached to the status of a living serviceman.
- If the person is found alive, the decision is set aside by the same court on the application of an interested party.
What we do
- We send enquiries to the military unit, the military commissariat, the military investigative authorities and the military prosecutor's office, and press for written replies.
- We establish which search measures have actually been taken and raise those that have not, including record checks and genetic identification.
- We look into whether there is any information about captivity and use the channels provided for that situation.
- We prepare and conduct court proceedings to have the serviceman recognised as missing or declared dead, depending on what the family needs.
- We make sure that payments and service pay due during the search are not stopped without lawful grounds.
- Where the status has been recorded incorrectly, we challenge the unit's documents and the authorities' findings.
What we need from you
- The applicant's passport and documents proving the family relationship: marriage or birth certificate.
- Every document of the serviceman that the family holds: contract, military ID, certificates, service card.
- The number of the military unit and the last known place of service.
- All correspondence with the unit, the commissariat and the investigative authorities: letters, replies, notices.
- Details of the last contact: the date, the means of contact and who spoke to him.
- Statements about payments the family has received or has stopped receiving.
HOW THE WORK IS BUILT
How the work is built
Enquiries and information
We apply to the unit and the state authorities, and record both the replies and the gaps in the search.
Preparing the case
We draft the application to court, gather evidence and identify the interested parties.
Court and paperwork
We appear at the hearings, obtain the decision and help register the status and the payments.
QUESTIONS
Frequent questions
Do we have to declare him dead in order to receive payments?
Not always. While a serviceman is recorded as missing, the family is entitled to his service pay. A declaration of death serves other purposes: succession, insurance payments and a survivor's pension. The decision should be taken deliberately, not under pressure of time limits.
The unit does not answer our letters. What can be done?
Silence can be challenged. We apply to the military prosecutor's office and to higher command, and where necessary we contest the inaction in the military court. Recording every application in writing matters most here.
What happens if he returns after the court decision?
The decision is set aside by the court that made it. His status as a serviceman is restored and steps taken in the succession are reviewed. Such cases do occur and are dealt with in the ordinary way.
NEXT STEP
Let us discuss your situation
The consultation is free of charge when an engagement agreement is signed: on it we say whether the matter has prospects and how the work would be built.