The response to the challenges of war In the Rada suggest to create a registry of missing persons

Реакция на вызовы войны: В Раде предлагают создать реестр пропавших без вести лиц

In Ukraine may receive the Commission for missing persons and the unified register of such persons. this is stated in the bill number 5435 “On the legal status of missing persons”, which the Verkhovna Rada was registered the first Vice-speaker Irina Gerashchenko, the people’s deputies, Maria Ionova, Irina Lutsenko, Iryna Friz (all three members of the faction “Block of Petro Poroshenko”), Andrei Teteruk (“popular front”), Alexey Ryabchin (“Fatherland”) and Sergei Melnychuk (Deputy group “people’s Will”).

The argument

As noted in the explanatory note to the document, the lack of proper regulation of legal status of missing persons is a space the current legislation of Ukraine, the need to eliminate that escalated in connection with the armed conflict in the Autonomous Republic of Crimea and the Donbass. The authors of the amendments emphasize that the right to know the fate of missing relatives required by international humanitarian law. “In order to properly ensure this right, there is a need for a mechanism that will regulate the procedure for the search of missing persons at the national level,” – said in a note.

While parliamentarians noted that the recommendations regarding the need for such a mechanism was given to the Ukraine in peace – time- in 2007. In particular, while the International Committee of the red cross (ICRC) was invited to establish a state authority responsible for tracing missing persons due to armed conflict or violence within the state and protect the rights of their relatives, or alternatively to give these powers of existing Executive authority. In addition, the ICRC recommended the establishment of a Unified register of data on missing persons (both military and civilians), for the effective investigation and determine their fates. During the armed conflict in the Donbass on the need to resolve the legal status of such persons and the creation of effective mechanisms for their investigation indicated the parliamentary Assembly of the Council of Europe Monitoring mission of the UN on human rights in Ukraine.

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“Today, these recommendations are not properly implemented because the question of missing persons, not fully within the competence of any of the ministries or other Central bodies of Executive power and not koordiniruyutsya at the national level. An individual event in this context does not have a systemic nature,” – said in the explanatory note.

According to deputies, to solve this problem, the most expedient is the adoption of a separate law, which will determine the legal status of missing persons and to provide legal regulation of relations connected with these individuals and their search for the maximum to overcome the destructive consequences of the conflict.

Key provisions

According to the authors of the bill, in its development the basis was taken by the Red Cross developed Guiding principles/Model law on the missing persons, which contain basic rules for the use of any country in the world during the development of the legislation on protection missing. These standards are reflected in the draft law, taking into account the existing legal framework of Ukraine.

Thus, the document defines a missing person as “a natural person in respect of whom there is no information about his whereabouts at the time of submission of its investigation”, establishes the rights of such persons and provides them with appropriate protection. Also, the definition of “person missing in connection with armed conflict.” Under the bill, is “a person who disappeared in the zone of armed conflict (international or non-international) during military service or under any other circumstances confirming the fact of human presence in this area”.

In addition, the project proposes to enshrine the right of people to know about the fate of their missing relatives, that is the basic norm for the protection of their rights related to the legal status of the person missing.

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Among other things, the document envisages the creation of the Commission for missing persons – the body responsible for determining the fate and whereabouts of such persons. It will be a permanent subsidiary body of the Cabinet of Ministers of Ukraine, established to ensure coordination of activities of bodies responsible for accounting/tracing of missing persons. The main task of the Commission will clarify the fate and whereabouts of such persons.

Also in the powers of the authority will be to maintain a Single register of missing persons. it will contain information about:

– the search of persons missing in connection with armed conflict, military action;

– the search of persons missing in connection with the emergency situations of natural or technogenic character;

– the search of persons missing in connection with the riots in the state and all other circumstances;

– the presence or absence of a court decision on the recognition of wanted persons, missing or declared dead in the manner prescribed by the Civil procedure code of Ukraine;

– unidentified remains and associated things and objects.

To enter data in the registry of missing persons are the above-mentioned Commission, the national police, the security Service of Ukraine, Central Executive authority ensuring the formation and implementation of state policy on issues of national security in the military sphere.

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Also in the bill number 5435 fixed procedure for investigation of missing persons – from the submission of the investigation and prior to its termination. By the authority responsible for their investigation, determined Netpolice territorial bodies will make statements about the search for the missing. The police will be obliged within three days from the date of receipt of such Declaration or information to inform the Commission. The latter sends the appropriate requests to the entities, bodies of state power, bodies of local self-government, associations of citizens and international humanitarian organizations that can have the necessary information. Thereafter, the Commission shall compile the information and within three days passes it to the appropriate territorial body of the National police to implement measures to search for missing persons.

As previously reported, held hostage by the militants in the Donbas are 109 citizens of Ukraine. To date, the Ukrainian authorities know the whereabouts of the 57 hostages. In Minsk, the representatives of the so-called “DNR” and “LNR” declared hold hostage 47 people, and another 495 continue to be missing.

We will remind, the head of the security Service of Ukraine Vasily Gritsak has declared readiness of the SBU for one of the hostages to give three.