The Duma urged to change the calculation of the period for accepting the inheritance for the families of the dead military

The Duma urged to change the calculation of the period for accepting the inheritance for the families of the dead military

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The first deputy chairman of the Duma Committee on Education, Yana Lantratova, proposed to calculate the beginning of the period for accepting the inheritance for the families of the dead participants in the special operation in Ukraine, not from the date of the death of a serviceman, but from the moment the relatives receive a notice about it. This is stated in a letter from the deputy (available to Vedomosti) to the first deputy chairman of the Federation Council and the head of the coordinating parliamentary group on NWO issues, Andrei Turchak.

Lantratova, in a letter, spoke about the appeal she received from the widow of a member of the SVO from Yekaterinburg. On March 30, a woman received a notice of the death of her husband, but in the death certificate received later, the date of his death was indicated on September 30, 2022.

Turning to the notary’s office and the Social Fund of Russia to formalize the inheritance, the woman was refused – after all, the six-month period for accepting the inheritance stipulated by law had already been violated.

“Thus, the family of the deceased member of the SVO got into a legal conflict and was forced to restore the term for accepting the inheritance through the court, otherwise the documents will not be accepted for consideration,” Lantratova notes in the letter.

The discrepancy between the date of the death of the military man and the date of receipt of the notice is explained by the fact that he may be listed as missing for six months or more and is recognized as dead retroactively, she noted.

Lantratova asks in her letter to consider the initiative to make changes through a note in Part 3 of Art. 1154 of the Civil Code of the Russian Federation, which “provide for the calculation of the beginning of the period for accepting the inheritance for the families of the deceased participants in the SVO from the moment the relative of the serviceman is notified of the fact of the death of the serviceman, and not from the date of his death.”

The MP also asked to consider the inclusion of this proposal in the monthly report to the President.

In mid-April, Russian President Vladimir Putin signed a law that simplifies the procedure for recognizing the military as dead or missing during a special operation. Now, if within six months there is no information about the place of stay of a serviceman, in particular, such information is not provided from the commander of the military unit, then he can be recognized as missing at the request of interested persons. Three months after the entry into force of the court decision on recognizing a serviceman as missing, he may be declared dead.

If there have been events that give reason to assume death, for example, disappearance in a zone of active hostilities under life-threatening circumstances, then the soldier can be declared dead after six months. Previously, to recognize the death of a missing person, one had to wait two years from the end of hostilities.

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