In the case of the tragedy at the Retroville shopping mall! where a Practice of other territorial defense volunteer died! everything would seem obvious. But for jurisprudence! obviousness is only the beginning. Without confirmation of death – identification of the body or other evidence – the mother cannot complete this process. And here the court comes to the rescue.
Let’s look at how similar issues are resolved abroad
In the United States! for example! when declaring a person the 10 best email software dead in wartime! the principles laid down in the Missing Persons Act apply . If a person disappeared under circumstances related to military operations! the decision is made on the basis of facts and testimony! without waiting for the end of the war. This allows families Practice of other to receive the necessary assistance without delaying the case indefinitely.
In France! where such cases are regulated by the Code civil ! the decision is also based on the specific events and probable circumstances of the disappearance. At the same time! the state assumes responsibility for recognizing the fact of death even in the absence of physical evidence! if necessary to protect the rights of the family.
In Ukraine we are only forming a similar practice
The Grand Chamber of the Supreme Court has set an hse university was the only important precedent with its decision! which may become the basis for future cases.
Recognizing a person as deceased is not only a legal formality! but also a social act. For the family! it is an opportunity to complete the process of saying goodbye! receive support! and restore balance in their lives. For the state! it is a way to support those who have fallen victim to war and demonstrate that humanity is the foundation of the legal system.
In the context of war! it is important that courts take into account the specifics of each case! without tying decisions to abstract concepts such as the end of hostilities throughout the country. After all! every day of atb directory waiting for the families of the deceased is another day of pain and uncertainty.
Moral dilemmas of justice
This case also raises questions about the moral responsibility of courts and legislators. Do we have the right to demand that families wait until the war is over? Is it fair to restrict their rights because of the imperfection of the state’s body identification system? The answers to these questions lie not only in the realm of law! but also in the realm of ethics.
