National Implementation of IHL
Law of Ukraine On the Legal Status of Missing Persons, 2018
Про правовий статус осіб, зниклих безвісти

12.07.2018
Vidomosti Verhovnoi Rady (VVR), 2018, No. 38, p. 280, 29.09.2018

https://zakon.rada.gov.ua/laws/show/2505-19/print (last accessed 13.11.2020)

Summary
The Law of Ukraine On the Legal Status of Missing Persons (the Law) was adopted in order to implement Ukraine’s obligations under international law, including IHL, towards missing and dead. The Law introduces the status of missing person per se for the first time in the Ukrainian legislation. The Law declares the right of the missing person to have the circumstances of their disappearance investigated, as well as their whereabouts identified (Art.5). The rights of the relatives are explicitly mentioned in the Law. These include the right to know about the fate of their relatives and beloved ones, identification of their whereabouts, circumstances of the death, burial place, and the right to obtain the remains of their relatives (Art.6). The Law also introduces the right of families of missing persons to apply for social security (Art.6). The Commission on Missing Persons in Special Circumstances (the Commission), to be created under the Cabinet of Ministers of Ukraine, has the purpose of coordinating the work of the authorities responsible for the search of the missing with the objective of clarifying the fate and whereabouts of a missing person (Art.10). The Register will store and centralize all information for the search of missing persons; it will be held by the Commission and administrated (technical/software support) by the Ministry of Justice (Art.12). The Cabinet of Ministers of Ukraine adopted Decrees to implement the Law: On creation of the Commission on the Missing in Special Circumstances (No. 248 of 10.04.2019); On Register (No. 726 of 14.08.2019); On Searching Groups (No. 802 of 21.08.2019).

Keywords: missing, coordination mechanism, management of the dead, right to know.

Document
File TypeSizeFile Name
application/pdf 250 KB Law on the Missing Ukraine.pdf
application/pdf 293 KB Law on the Missing_ENG.002 - ICRC unofficial translation.pdf