Activists point out gaps in legislation affecting families of missing persons, urge reform

Human rights activists are calling for legislative changes to better support families of missing persons. They stress the urgent need to revise regulations concerning mobilization deferrals for these families.

Olena Bieliachkova, Coordinator for Groups of Families of Prisoners of War at Media Initiative for Human Rights, underscored the issue during a discussion at Media Center Ukraine. 

Bieliachkova, also a lawyer, highlighted that the Cabinet of Ministers of Ukraine’s Resolution No. 560 requires military-connected relatives of missing servicemen to present a court decision recognizing a person as missing under special circumstances to receive a deferment.

Bieliachkova pointed out that this requirement is at odds with the Civil Code and the Law of Ukraine on the Legal Status of Persons Missing in Special Circumstances. She noted that court practice shows that courts are unable to process such cases due to procedural limitations.

“There’s existing precedent where courts have rejected applications to recognize a person as missing under special circumstances, stating that an extract from the Unified Register of Missing Persons is sufficient for this status. This requirement effectively undermines Article 23 of the mobilization law, complicating efforts for families to secure a deferment. It’s deeply distressing for relatives to face the possibility of losing another loved one without resolution, as they already endure the uncertainty of having someone missing,” explained Olena Bieliachkova.

She added that while discussions are ongoing regarding amendments to Resolution No. 560, with support from relevant authorities including the Secretariat of the Commissioner for Missing Persons and the Ministry of Defense of Ukraine, no changes have yet been implemented.

Read more: https://mediacenter.org.ua/news