Revocation of a Decision Declaring a Person Missing
📘 1. General Characteristics of the Legal Norm
Article 30 of the Civil Code of the Republic of Kazakhstan establishes a legal mechanism for restoring the legal status of a citizen who was previously declared missing (in accordance with Article 28 of the Civil Code of the Republic of Kazakhstan) in the event of his or her return or the discovery of his or her whereabouts.
📌 This is an important element of legal rehabilitation and restoration of subjective rights, since declaring a person missing does not terminate legal capacity, but only temporarily restricts the ability to exercise rights.
⚖️ 2. Conditions for Revocation of the Decision
To revoke a decision declaring a citizen missing, the following conditions must be met:
| Condition | Explanation |
|---|
- Establishment of the fact that the person is alive | Either the citizen personally appears, or his or her location becomes known
- Existence of a court decision previously declaring the person missing | Revocation may be carried out only by a court
- Application by the citizen himself/herself or an interested person | The application is filed with the court that previously issued the decision under Article 28 of the Civil Code of the Republic of Kazakhstan
📌 The circumstances that served as the basis for declaring the citizen missing must cease to exist, and the new fact (appearance or discovery) must be confirmed by documents or witness testimony.
🏛️ 3. Procedural Procedure
Regulated by Article 317 of the Civil Procedure Code of the Republic of Kazakhstan.
🔹 Stages:
- Filing an application with the court that declared the citizen missing;
- Submission of evidence (passport, certificate of registration, witnesses);
- Scheduling a court hearing with notification of the guardian and the guardianship authority;
- Revocation of the court decision declaring the citizen missing;
- Simultaneous termination of guardianship over the property.
📌 The court has the right to consider the case under a simplified procedure if the facts are obvious and undisputed.
👥 4. Legal Consequences of Revocation
After the decision is revoked:
| Consequence | Explanation |
|---|---|
| 🔁 Full restoration of civil rights | The citizen again becomes the owner and manager of his or her property |
| ❌ Termination of guardianship | The guardian loses all powers and reports on actions taken |
| ⚖️ Possibility to challenge transactions made by the guardian | If the guardian’s actions violated the citizen’s interests, they may be challenged in court |
| 💼 Possibility to recover lost income or property | For example, in cases of unlawful transfer of property to third parties |
📌 If the property was sold by the guardian with the consent of the guardianship authority, the citizen has the right to demand monetary compensation or to challenge the transaction if it was manifestly disadvantageous.
📁 5. Examples from Judicial Practice of the Republic of Kazakhstan
🔹 Example 1: East Kazakhstan Region, 2020
A citizen was declared missing in 2018. In 2020, he returned, provided documents, and explained that he had been abroad without communication. The court revoked the previous decision, restored his rights, and returned the management of the property to him.
🔹 Example 2: Zhambyl Region, 2022
A woman filed an application to revoke the decision declaring her son missing after he was released from imprisonment (his whereabouts had previously been unknown to the family). The court satisfied the application, revoked the guardianship, and the son restored his registration and opened an account to receive compensation.
📌 6. Possible Issues
| Problem | Solution |
|---|---|
| Property sold by the guardian | Analyze the grounds of the transaction; if violations exist, file a claim to challenge the transaction |
| Guardian refuses to return property | Apply to the guardianship authority and/or the court, demand a report and restitution |
| Return without documents | Apply to the Public Service Center to restore identity documents, apply to the court using witness testimony |
📚 7. Related Legal Provisions
| Norm | Content |
|---|---|
| Civil Code of the Republic of Kazakhstan, Art. 28 | Declaration of a citizen as missing |
| Civil Code of the Republic of Kazakhstan, Art. 29 | Protection of property of a missing person |
| Civil Code of the Republic of Kazakhstan, Art. 130 | Guardianship over property |
| Civil Procedure Code of the Republic of Kazakhstan, Art. 317 | Revocation of a decision declaring a person missing |
| Code “On Marriage (Matrimony) and Family”, Arts. 137–138 | Duties of a guardian |
| Law “On Identity Documents” | Procedure for restoration of identity documents |
🌍 8. International Standards
✅ International Covenant on Civil and Political Rights (Article 16):Everyone has the right to recognition everywhere as a person before the law, regardless of circumstances.
✅ Recommendations of the Council of Europe:States must ensure a prompt and effective procedure for restoring the rights and status of persons previously declared missing.
✅ 9. Conclusion
Article 30 of the Civil Code of the Republic of Kazakhstan is a key mechanism for restoring the legal status and property rights of a citizen who has returned or whose whereabouts have been established. It:
· protects individuals from prolonged deprivation of rights;· restores civil status and control over property;· creates opportunities for legal protection against abuses during the period of absence.
🔹 The norm ensures flexibility in law enforcement and takes into account the human factor in unpredictable life situations.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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