The Protection of the Rights of Persons Disappeared under Special Circumstances
The Protection of the Rights of Persons Disappeared under Special Circumstances

Summary/Abstract: The competence of subjects that ensure the protection of the rights of persons who disappeared during the war in Ukraine is being investigated. Ukrainian legislation distinguishes two types of such subjects: a) holders of power; b) representatives of civil society. It is noted that among the holders of power, the leading place belongs to state structures. The legislation refers to them: the National Police of Ukraine; Ministry of Defence Ukraine; Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine; State Service of Ukraine for Emergency Situations; Security Service of Ukraine; prosecutor's office and others. The role of specialized entities is emphasized: 1) Commissioner for issues of persons missing under special circumstances; 2) Unified register of persons who have disappeared under special circumstances. Special attention is focused on the activities of the Commissioner for the Issues of Persons Disappeared Under Special Circumstances. It is noted that he performs the following functions: coordination of the search for persons who have gone missing under special circumstances; information support for their search; analysis of the effectiveness of the search system; preparation of recommendations and proposals for subjects of investigation; functions of a control and supervisory nature; forms search groups to search for missing persons. The competence of the authorized person regarding the search for missing persons is considered separately. Its tasks to ensure the work of search groups are highlighted. It is emphasized that the activities of the search groups are aimed at: a) the search for persons who have gone missing under special circumstances, b) their remains, c) the search and recording of burial places of such persons, d) the recovery of the bodies (remains) of deceased (deceased) persons, e) removal of their remains, f) carrying out search operations in areas where security and defense measures are taking place, g) in temporarily occupied territories of Ukraine.The role of the Unified Register of Persons Disappeared Under Special Circumstances is analyzed. Its main functions are singled out: the first is the accumulation and centralization of information about such persons; the second is the recording of information necessary for their effective search. Measures are proposed to improve the work of the Unified Register, the Commissioner for Missing Persons, as well as the interaction of state bodies and the public in the field of ensuring the protection of the rights of persons who have gone missing under special circumstances.

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