How many civilians and soldiers are included in the Unified Register of Missing Persons under Special Conditions, what changes are being prepared in Ukraine to facilitate the inheritance of their property, and what risks might this entail?
In Ukraine, during the full-scale occupation of Russia, at the initiative of the Ministry of Reintegration, a simplification of the establishment of guardianship over the property of missing citizens is being prepared. Focus “Without trial and investigation. Whose banking secrets will Ukrainian banks have to disclose?”
The Verkhovna Rada has adopted a bill “On Amending Certain Legal Arrangements of Ukraine on Measures to Provide Custody of the Property of a Person Declared Missing or Disappeared in Special Cases in Certain Matters Concerning the Disclosure of Bank Secrecy”. dated April 24, 2023. At the time the article was published Focus The bill is being discussed in committee.
According to Anna Anisimova, a lawyer at the law firm Murenko, Kuryavy and Partners, establishing custody of the property of the disappeared currently involves many procedures and requirements that can take quite a while, including obtaining a court order to declare a person missing. .
Interlocutor Focus The Ministry of Reintegration explains that expanding the list of grounds for disclosing bank secrets will allow notaries to establish guardianship over missing persons’ properties without unnecessary obstructions and delays, which will help shorten time and speed up the process. easier for citizens.
Well If bill 9235 is passed, at the request of notaries, banks will have to disclose banking secrets regarding missing citizens, which will facilitate the establishment of custody of their property..
“As a result of the war, while the fate of many people is unknown, appropriate legislative changes are being introduced so that their families at least have the opportunity to find inherited property,” said Maxim Boyarchukov. partner of the law firm Maxim Boyarchukov & Partners.
The circumstances in which citizens disappeared existed before Russia’s full-scale invasion of Ukraine, but now the problem has become much more severe. As recently reported in the Ministry of Internal Affairs of Ukraine As of May 3, 2023, the number of missing persons under special circumstances in Ukraine is 23,760.. Information about these citizens – civilians and military personnel – is included in the Unified Register of Missing Persons under Special Circumstances, recently launched by the Ministry of the Interior. Let us make it clear in this context that armed conflict, hostilities, occupation, or natural or man-made emergencies are special cases.
But lawyers warn that some risks may lurk behind the proposed simplification of inheritance of missing citizens’ property.
Thus, according to Anna Anisimova, the disclosure of a banking secret at a notary’s request to establish custody of the property of a missing person can have negative consequences if the citizen is not missing, but does not have the opportunity to apply for his funds. For example, the lack of necessary documents to access your account, the complexity of communication with the bank, etc.
Anisimova also warns that the rights of heirs and other interested parties may be violated if a notary public decides to establish custody of a missing person’s property based on incomplete or incorrect information.
Focus He also explains why Ukrainian banks started to block the cards of Ukrainians in bulk.
Source: Focus
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