In Ukraine, it was allowed to disclose bank secrecy to establish custody of the property of missing persons
The President of Ukraine, Volodymyr Zelenskyi, signed Law No. 4174-IX, which provides that notaries will be able to list the property of persons recognized as missing or missing under special circumstances, as well as to appoint guardians to manage this property (draft law No. 9235).
This law allows family members of missing persons to legally take care of their property until they are returned. Families will also have access to the Unified Register of Persons Missing in Special Circumstances, which will simplify the process of property management.
The law makes changes to the Civil Code of Ukraine, in particular to Article 44, determining that based on a court decision to recognize a natural person as missing, the notary is authorized to take measures to establish guardianship over his property. Until the court adopts the relevant decision, the notary can act upon the application of interested persons or guardianship and guardianship authorities.
The notary carries out an inventory of the property of the missing person and appoints a guardian, acting at the person’s last known place of residence. If the place of residence is unknown, the notary acts at the location of the immovable property or its main part. If there is no immovable property, measures are taken at the location of the main part of the movable property.
The new provisions also specify that the guardianship of property is established, carried out and terminated in accordance with the norms of the Civil Code, taking into account the provisions of the Law “On Notaries”. Thus, the law creates a clear legal mechanism for the protection of the property interests of persons who have disappeared under special circumstances and their families.
