Serhii Panteleiev, First Deputy Head of Main Investigation Department of National Police: "As soon as family loses contact with serviceman, they should contact nearest police station at their place of residence."
The disappearance of a soldier on the front line poses a serious challenge for the family, which is left without answers on where to begin the search. People who occasionally contact our editorial office express confusion about the correct course of action, what to expect from law enforcement agencies, and how effective investigations into such criminal cases are, as they often feel that no substantial progress is being made.
Many questions relate to how to properly collect and preserve the testimonies of comrades who can die at any moment because it is war. How to verify the authenticity of their stories and find, at least on a map, the point where the missing person was last seen. How long before a person who has never been found can be declared dead. How bodies brought back during repatriation are identified, and what to do if a soldier is buried under a mere number.
We talked about this and many other things with the First Deputy Head of the Main Investigation Department of the National Police, Serhii Panteleiev.
THE VICTIM PARTY ALSO HAS THE RIGHT TO COLLECT EVIDENCE
- What are the official steps that the relatives of a serviceman should take if he is out of contact, and the military unit either does not inform them of his status or tells them that he is considered missing in action?
- As soon as the family loses contact with the serviceman, they should immediately contact the nearest police station at their place of residence. There is no need to wait — they should act right away. Ukrainian law places the sole responsibility on the police to search for missing persons, including those who have gone missing as a result of the war.
It is also possible to call the police to the family's location or reach out to a specialized centre for searching for persons missing under special circumstances, which operates in every regional centre.
In addition, military units, commanding officers, or comrades-in-arms of the missing serviceman can also submit a report to the police about the disappearance.
The next step is to obtain an extract from the Unified Register of Pre-trial Investigations and a memo outlining the victim's procedural rights from the investigator.
Once criminal proceedings are initiated, buccal epithelium samples (a swab from the inside of the cheek) are taken for DNA testing. Blood relatives (parents (mother/father), children — most effectively, and in their absence — siblings, grandparents, aunts/uncles) are eligible to provide samples for this procedure.
The procedure is painless and free of charge.
If there are no blood relatives, the investigator should be provided with the personal belongings of the missing person that have not been subjected to heat treatment (washing, ironing). For example, such things can be shaving machines, a toothbrush, comb, clothing items (underwear (T-shirt, T-shirt, etc.), hat, scarf, gloves/gloves).
- There are cases when there are no blood relatives, only his wife or friends who are looking for him. What should you do then?
- There is a slightly different algorithm of actions. In the future, if we find a body, it will be identified not by the DNA profile, but by other features through identification. For example, tattoos, scars, which became known during the investigation, including from the applicant.
- Why not take samples of buccal epithelium from a person when they are mobilised? To avoid such difficulties later.
- There is a law in force on such selection. And having attended joint meetings with representatives of other government agencies, I know that there is an active position of the state leadership and the Ministry of Defence in organising the selection of these samples. And they are being selected.
Previously, there were simply not enough specialized devices for storing such samples. Moreover, according to the law, it is prohibited to immediately derive the DNA profile of a living person. We can only derive a person’s DNA profile after the police receive a formal report stating that they have gone missing. Until that point, the samples are kept in specially equipped storage rooms within the military units of the Armed Forces of Ukraine.
When the National Police receives a report that a soldier is missing, the investigator contacts the military unit or other relevant unit where it has been decided to store these genetic material samples. Once received, a DNA examination is ordered from the appropriate forensic institution.
Since 2023, the National Police has had specially authorized personnel who have been collecting buccal epithelium samples. For example, I have also provided one.
In total, over 70% of National Police officers, border guards, and National Guard members have already provided such samples. This is necessary because it is war, and we cannot predict what may happen tomorrow. For example, 10% of investigators are currently serving at the front line as part of the joint assault brigade Lut ("Rage"), fighting alongside their colleagues from other National Police units. Each of them has provided a sample as well.
- An acquaintance asked her husband to leave a strand of hair and nails when he went to the frontline because he had no blood relatives. But they were not immediately accepted when her husband went missing. They had never brought this to the investigator before.
If a person's statement is accepted at the police station and the investigation does not move forward, should I still insist that such samples of genetic material be included in the case and an examination be ordered?
- No doubt about it. The victim has quite broad rights in criminal proceedings. He or she has the right to file a petition in accordance with Articles 56 and 220 of the Criminal Procedure Code of Ukraine to conduct investigative actions, search operations and appoint forensic examinations. For example, the victim has the right to submit to the investigator evidence that became known during the search for the missing person, to interrogate persons who may know the circumstances of the missing person's disappearance, to request the appointment of a portrait or other forensic examination, etc.
- Many soldiers lose contact during the fighting in the East, and their relatives are in different regions of the country. A person submits an application, for example, in Kyiv, and is told that the case will be sent to the Donetsk region and investigated by another investigator. When I talk to people looking for their loved ones, I have repeatedly heard that they do not understand why this is being done, or whether they need to go to another investigator. They are worried that the investigators will move around because there is active fighting in the East, and some materials will be lost. Can you explain why this is happening, what is the algorithm of the victim's actions and whether the materials of criminal proceedings are protected in such an environment?
- If a criminal proceeding is registered in Kyiv and a person goes missing, for example, in the Pokrovsk direction, the investigator performs all the initial investigative actions here. That is, they interrogate the applicant, deliver an extract from the URPTI, take DNA samples, order an examination, send a request to the military unit to find out the results of the internal investigation. And he investigates the criminal proceedings until the prosecutor determines the jurisdiction of another pre-trial investigation body, because according to the Criminal Procedure Code, only the prosecutor has such powers.
That is, according to the classical formula: the procedural supervisor (local prosecutor) sees that a person has disappeared in the Pokrovsk direction, so it is better for local police to look for him or her, rather than for an investigator and authorised operative in Kyiv. This is a standard procedure that works in the investigation of general criminal offences. But it may not work as well when it comes to missing persons in special circumstances.
We see several problems today. One of them is the following: from the moment the decision is made to transfer the case to another investigator, the criminal proceedings can be delivered for several months to new investigators working in such complex areas where hostilities are taking place. Of course, the applicant does not understand what is happening in the proceedings during this period, although the examinations appointed by the first investigator may still be ongoing.
- How many proceedings do investigators in the Donetsk region have on average to search for missing persons?
- Hundreds of criminal proceedings. Plus proceedings for other crimes.
In addition, as you said, there are active hostilities there. With these proceedings sealed in bags, investigators have repeatedly been forced to move to safer areas.
Taking all this into account, we made a report to the head of the Main Investigation Department of the National Police, and he sent a letter to the leadership of the Prosecutor General's Office about the situation. Currently, the investigative jurisdiction in proceedings of this category is changed less frequently.
It is important that they remain in the regions where the initial application was filed. If it is Kyiv, then it should be investigated here. And here we must carry out all investigative actions to establish the fate of the missing person. This way, communication between the investigator and the families of the missing will not be interrupted.
- Is it possible to do this efficiently at such a considerable distance from the scene?
- Yes, given the current capabilities of the investigative, criminal, forensic and expert units.
I should add that a draft law has already been developed, initiated by the Commissioner for Persons Missing in Special Circumstances of the Ministry of Internal Affairs and the Main Investigation Department, which allows the procedural supervisor not to change the jurisdiction of this particular category of cases.
What other advantage do I see in this? Communication with people who have applied to the police. Mothers and wives do not have to travel from Kyiv, Lviv, Ivano-Frankivsk to Donetsk region and look for an investigator in Pokrovsk or another district. This is time, money, and most importantly, safety. A woman should be able to come to the investigator in her own city and ask about the examination, the information obtained during the investigation, and to get acquainted with the materials of the criminal proceedings.
- If the proceedings have been transferred to another region, who should notify the applicant?
- During meetings with the families of missing soldiers, I noticed that they are not always aware of the transfer of criminal proceedings. Therefore, we have developed a certain algorithm, agreed with the Office of the Prosecutor General, according to which the prosecutor who has decided that a criminal case is being transferred, for example, from Kyiv to Pokrovsk, must call the victim and tell him or her about it.
By the way, we also require investigators who have registered such proceedings and are investigating them before they are sent to contact the victims, draw up reports on them and attach them to the case.
- What happens when the materials of criminal proceedings are physically transported to another region?
- The head of the investigative unit assigns it to one of the investigators, and the latter, in turn, must contact the victim and inform him or her who is now the investigator in the case, draw up a report and attach it to the criminal proceedings.
What are these reports for? So that here in Kyiv I can request selective copies of criminal proceedings, for example, from Lviv, Chernivtsi or any other city and check the implementation of our algorithm.
Because the proceedings concerning our missing defenders are under special control of the Main Investigation Department.
- People are trying to find their relatives on their own. They communicate with their comrades-in-arms, monitor information in telegram channels with photos and videos of those who are likely to have been captured, create groups on social media, and share the data they have found. What measures do the police take to find a soldier?
- As of today, the police have established the whereabouts of more than 9,000 of our citizens who were reported missing under special circumstances. Both military and civilians.
The outcome of the search depends on the timeliness of the information provided to the police about the fact of the disappearance and the identity of the missing person.
Information about the missing person is entered into the relevant search records of the National Police. And the missing person "lights up" in all our databases. That is, when checking documents at a checkpoint or if he comes to apply for a passport, to a service centre, we will see him as a wanted person. But in this case, we are talking about the search for a missing person under special circumstances.
In parallel, an operational search case is opened against the missing person. This is done by the Criminal Investigation Department, whose employee is simultaneously involved in the search for this person along with the investigator. Authorised operative also finds out the contacts of the soldier, creates a card about what he looks like - a photo of the missing person, information about tattoos, any special features, eye colour, hair colour, build, etc. are also entered here. The investigator then receives this information.
- What is done besides entering information into this card? Are commanders and comrades interviewed, or do they go to the scene of the incident if they have access to it?
- Yes, all this is done on the instructions of the investigator. The investigator requests the conclusions of the internal investigation from the military unit where the missing serviceman served, informs the National Information Bureau about the fact of the missing person's disappearance, and makes relevant inquiries to the ICRC and the Coordination Headquarters for the Treatment of Prisoners of War to obtain information on the possible presence of the missing person in the captivity of the aggressor state. In general, communication between the state bodies involved in the process of searching for missing persons and the National Police is ongoing and at a fairly high level.
Further investigative and search activities are carried out depending on the information received. This may include requesting information from mobile phone operators about the last known whereabouts of the missing person, the movement of funds on bank cards, analysing information from open sources about the possible captivity or death of a serviceman, conducting a portrait examination if there is photo or video footage of the serviceman in captivity, etc.
If the DNA profile of the missing person matches the DNA profile of the unidentified body delivered to the forensic medical examination institution, the investigator, taking into account the recommendations of the expert institution, appoints a comparative molecular genetic examination, based on the results of which a decision is made on the identification of the body.
In general, the decision to conduct certain investigative (search) actions in criminal proceedings is made by the investigator independently, based on the specific circumstances established during the investigation of each individual fact of disappearance.
- What role does the testimony of comrades play in the search for a missing soldier?
- The testimony of comrades, as well as other evidence collected, plays an important role in establishing the circumstances of the disappearance and his possible whereabouts. However, it is always necessary to evaluate all the data obtained, considering them in the aggregate, taking into account many factors and circumstances, and the time frame is also important. For example, the testimony of a comrade at the time of the disappearance was that the soldier was at a certain point and, according to him, was wounded, but the place indicated by the witness is currently under intense fire or the territory is captured by the enemy, and it is impossible for law enforcement officers to get there to verify the authenticity of the testimony. Thus, having the testimony of a fellow soldier, the investigator is unable to verify it.
- What methods do the police use to verify information regarding the possible whereabouts of a missing person?
- The police have specialised analytical and operational units equipped with the tools, database access, and technical capabilities to determine a person’s location without needing direct access to the site of the disappearance.
Let me give you one example. A man lived for some time in the temporarily occupied territory in the Luhansk region. In 2021, he and his wife moved to the government-controlled territory, and when a full-scale war broke out, he voluntarily joined the Armed Forces of Ukraine.
Later, his wife filed a report stating that he had gone missing at the front.
We open proceedings, take samples, appoint examinations, and start searching. We interrogated his comrades, and they told us that at the time of the battle they were scattered, and he was in front. Three of them returned, but he did not. They were unable to reach the point where he was, because there was a fierce shelling. They had to withdraw. They said they believed he was killed. When his wife provided us with his photo, we started working together with the criminal analysis. The analysts started checking social media and found that a month after the man allegedly went missing, he posted a photo of himself and his classmate on one of the Russian social networks. That is, he is alive, he is doing well, he just went over to the enemy.
We were forced to send the collected materials to the State Bureau of Investigation so that they could open a criminal investigation into the fact of desertion.
I would like to note right away that these are isolated, unique cases that do not happen often, but they do exist, and we investigate them first as a missing person, during which we establish the truth of the "disappearance".
There was another similar interesting situation. The mother of a military man appealed to the police. She said that she had not been in touch with her son for more than two weeks.
We are opening criminal proceedings and launching all investigative actions. The only thing is that we did not have the opportunity to visit the unit because there was a counter-offensive and the military were performing combat missions.
The woman's son was found. Patrol policemen checking his documents at a checkpoint in one of the western regions of Ukraine found out that he was wanted as a missing person. It turned out that he had left the military unit without permission. He had been hiding for a month and a half.
- Didn't your mother know it was an AWOL?
-As it turned out later, she did. They had an agreement that she would wait for some time and then go to the police. They hoped that neither the police nor the military would be looking for him, and he would be able to move freely around the country. They were mistaken, because, as I said, information about a wanted person is entered into all the databases of the National Police.
- Many relatives are trying to find out where the soldier was when he lost contact, asking his comrades where his mobile phone is. When it comes to the front, do you also request phone traffic from mobile operators?
- Yes. To do this, we need the soldier's phone number from which he called his relatives. And if it is available, the IMEI, because the soldier could simply replace the sim card because it was damaged, got wet, and there was no money on it. And he did not tell his relatives about it. Such cases also happen.
- Can you find out exactly where the phone was last used?
- Only approximately. The operator will provide information that, for example, this phone was working within 500 metres of the tower. That is, it is impossible to find out exactly which dugout and trench it was in. Operators give a general picture because there are no towers at every metre. And we can generally see which direction he was travelling when he lost contact and find out who the last call was to.
- Several women who contacted us with their search stories told us how they recorded the testimonies of their comrades. Some recorded them on a dictaphone, others asked the guys to record a video. There were also cases when the testimonies were notarised. But in only one case did a fighter testify to an investigator, and he was brought there by the wife of a missing soldier. Do the investigators have the opportunity to question the soldiers who were probably the last to see the missing person?
- Sometimes they do, sometimes they are refused to testify because the person is performing combat missions. Or in order to get to them, you need to get permission to move through checkpoints. And it is necessary to arrive not when it is convenient for the investigator, but when the fighter can communicate.
There are situations when an investigator can interview a soldier by phone, draw up a report and attach it to the criminal proceedings. They can interview him on video or audio, make a transcript and attach it. It all depends on the circumstances. The main thing is to have a connection.
- Will the recordings made by wives and mothers also be considered evidence if they are given to the investigator to be included in the case?
- The Criminal Procedure Code stipulates that the victim party, as well as the prosecution and defence, has the right to collect evidence. However, this evidence must be handed over to the investigator, not kept in their possession.
I would advise sending such evidence to the Main Investigation Department with a statement. Because the brain of this entire ecosystem is here.
Once we receive the application, we find out where the criminal proceedings are located, we can request copies of the materials that have already been collected, and we can check the quality of the investigation. We can hear this criminal proceeding or go on site and check all criminal proceedings of this category in this investigative unit. And if something is not done in the way it should be done according to the algorithm we have prescribed, we will be forced to punish the investigator and his or her supervisor.
In general, people searching for the military can contact us with any questions they have.
I would like to address the families of our missing defenders and defenders, and all Ukrainians: the pain of losing contact with a loved one is incomprehensible. My sincere condolences to each and every one of you.
Since 2022, searching for and establishing the fate of missing persons has become a super-task for me personally! There are so many challenges and obstacles faced by families - this should not happen. I want to assure you that we are doing everything we can to make sure they do not!
And what if you are inundated with requests after these words?
- That's not a problem. What concerns me in such situations? For instance, a person might send certain items or documents to Kyiv, while a criminal investigation is ongoing in the Donetsk region. The investigator, for example, may have worked overnight because a military vehicle was set on fire, so he is exhausted and doesn't immediately attend to what was handed over. Or the transfer may have been delayed for some other reason.
We, at the Main Investigation Department, have greater resources to review appeals, make decisions, and forward the submitted evidence to the location where the criminal investigation is currently being conducted.
- If the military had conducted an internal investigation in a quality manner and within a reasonable timeframe, perhaps all these problems would not have to be solved?
- I have read a lot of internal investigations that were later not confirmed by criminal proceedings. This is information that we can take into account, but not use as evidence. We can consider the version put forward by the investigation based on what is stated there. It all depends on the quality of the investigation. I have read various investigations - both two pages and thirty pages long. And when it contains the testimony of a comrade who explains that the soldier they are looking for is dead, but he could not carry him out and adds a photo of him lying presumably dead, then of course I will not consider the version that the soldier went AWOL or has gone over to the enemy. Therefore, I am left with only two versions: the soldier survived and was taken prisoner, or he unfortunately died.
- So all this needs to be checked?
- Yes, because it is indirect evidence for us.
NO STATUTE OF LIMITATIONS
- There may be a situation when a fighter is registered with one brigade and is sent to perform combat missions in another. I've also heard stories about guys who sometimes enter positions of brigades to which they were not sent, just because of the situation during the battle. Which brigade should conduct an internal investigation if a soldier is reported missing?
- Where it is registered. We had a case where a woman reported her son missing to the district police department. She waited three weeks before doing so because one of her neighbours told her that she should do so.
The woman said that he was a unit commander who had always fought in the "hot" directions and had been serving since 2015. And that during these three weeks, she had visited several fortune-tellers who said they "did not see" him dead. But in her opinion, there is little hope that he is alive because he was always in the most difficult areas.
They started an investigation. Two months later, this woman came to the police and said that her son had called her. It turned out that the soldiers, including him, were surrounded and he had been escaping from this encirclement for two months.
We contacted this brigade, gave instructions to the investigator, he went to the place, talked to this soldier, and showed the video to his mother.
After that, identification protocols were made and a decision was made to close the criminal proceedings.
-Speaking to relatives of the military, I heard that soldiers often go to battle without documents. How can they be identified if they are seriously wounded, could not be evacuated immediately, or were killed and their bodies were retrieved only after some time?
- There was a case when a severely mangled-up body of a serviceman was brought to the morgue in one of the regions. He had no documents, his uniform was torn. It looked like he had been searched by the Russian military before and everything he had on him was taken away. The only thing left was an inexpensive smartwatch that was covered in blood.
When they cleaned and recharged the watch, it showed the last message from a woman. They call her back and find out that she has been looking for her husband for several weeks now, with whom she has lost contact. She gave his call sign and it was the same as on his uniform.
Then she came with her son. In our mobile DNA laboratory, we took genetic material from the boy and this soldier, compared it, and in an hour and a half we got the result - a 99% kinship. And we were able to give the body to the family for burial.
There was another situation. Five bodies were brought to the morgue, with call signs on their uniforms. The investigator made inquiries about these call signs to all the brigades that were at war. Although our algorithms do not provide for this, he took the initiative.
We received responses from two brigades on two of them. We contacted relatives, conducted DNA testing and thus identified two of the five soldiers.
When investigators take the initiative and it works, as it did in this case, we inform investigative units in all regions about such positive developments. So that they can also use it in their work to find missing persons in special circumstances.
- Nowadays, there is a lot of use of drones with payload drops on the frontline. People are getting blown up and burning in dugouts. Sometimes they deliver body fragments? How do you identify them in such cases?
- It happens. For example, the remains of bodies were brought to the morgue in one of the regions in a bag. Among other things, there was a skull. It was dug up. It was identified by a CT scan of the soldier's teeth, which were preserved in the dental clinic where he was treated. The mother took them there at the request of the investigator. The examination lasted two months.
In such cases, the only way to identify the person is to try to recreate the skull, jaw, and teeth based on a CT scan previously taken by the person. Therefore, if someone has it saved on a disc or flash drive at home, it is also worth handing it over to the investigator.
- What technological solutions, such as facial recognition software, are being used to search for missing soldiers?
- We actively use Clearview AI facial recognition technology in the process of searching for missing persons and even identifying unidentified bodies of our defenders.
OSINT is also an open-source intelligence method. This is a method of collecting and analysing information from publicly available sources, such as websites, social media, news articles and others. This makes it possible to establish whether a person is in captivity or in a place that refutes his or her status as a missing person under special circumstances.
Many thanks also go to our international partners and friends who help to strengthen our capacity to search for missing persons by sharing their experience in other parts of the world.
- What are the mechanisms of interaction with families living abroad in case of a missing serviceman?
- The loss of communication between Ukrainians abroad and their relatives in Ukraine was another challenge for us, as there was no mechanism for law enforcement to interact with citizens abroad in terms of procedure.
How to file a report of disappearance, how to hand over (transfer) biological samples from abroad to the investigator in Ukraine, further communication, etc. All these issues had to be resolved.
Today, we have two projects to work with the families of missing Ukrainians living abroad, which we are actively developing.
In May 2024, the National Police of Ukraine signed a memorandum of understanding and cooperation between the State Enterprise "Document", which is part of the State Migration Service of Ukraine, and the International Commission on Missing Persons.
What was the main purpose of this: to find an effective mechanism for exercising the legal right of a citizen of Ukraine who is forcibly abroad to apply to an authorised state body of Ukraine with an application or report on persons (his or her close relatives) missing in Ukraine.
So thanks to this document, we were able to attract additional resources to help us. And we gave Ukrainians abroad an alternative choice of how they want to file reports on the disappearance of their relatives without returning to Ukraine.
The first option is to file a missing person's report and submit biological samples of relatives at the branches of the State Enterprise "Document" abroad. There are such branches in 14 cities in 7 European countries.
The specialists of these branches have been trained on how to properly take buccal samples from a person using a special sampling system, and how to package such samples for preservation. The citizen fills in a form reporting the disappearance of their relative and voluntarily consenting to the processing of their biological data. Contact details for feedback are also provided. All this is packed in an envelope, which is then sent to Ukraine, to the Main Investigation Department. We process the applications, organise their registration in the URPTI and the appointment of DNA examinations of biological samples.
Since the start of this project, 112 citizens have applied to the branches. DNA examinations have been ordered for all the submitted genetic samples. To date, the comparison of the Electronic Register of Human Genetic Information (ERHI) database has revealed 5 matches between the DNA of citizens who submitted samples abroad and the DNA of unidentified bodies. This work on analysing and searching for DNA matches is ongoing.
The second option is for Ukrainian citizens to apply to the International Commission on Missing Persons. The Main Investigation Department has been cooperating with this non-governmental international organisation since 2023.
Prior to the signing of the memorandum in May last year, we signed a number of joint protocols of understanding. Among the key ones: we agreed on the access of an investigator to the iDMS database (the ICBL database), which contains the results of DNA tests of biological material taken from Ukrainian citizens abroad who have applied to the ICBL for assistance in finding their relatives missing in Ukraine; we defined the cases when ICBL specialists can be involved in Ukraine to conduct complex DNA examinations or as an independent expert in case of doubts on the part of families about the results of DNA examinations by Ukrainian geneticists, etc.
Within the framework of our agreements, we received DNA profiles of relatives of 969 missing persons in Ukraine from the ICBL.
Of these, based on the results of the Electronic Register of Human Genetic Information check, the DNA profiles of 156 families of missing persons in Ukraine matched the DNA profiles of unidentified bodies.
I would like to focus on another interesting feature of our cooperation with the ICBL, which led to changes in their policy. Until recently, the ICBL did not document the results of DNA extraction (for example, with a conclusion), which affected the procedural component of using the DNA extracted by the ICBL in criminal proceedings.
Now, the ICBL will generate reports (similar to our DNA examination reports) based on the results of the DNA examination, which will further simplify the process of identifying the dead. These reports will be attached to the proceedings as evidence.
By the way, citizens can also file reports of missing persons with the police in the form of an electronic appeal, sent to the official e-mails of the National Police or a specific territorial police unit. They will be accepted, registered and criminal proceedings will be initiated.
- How do the police inform families about the progress and results of the search for missing soldiers?
- National legislation does not explicitly oblige the investigator to inform the victim of every investigative or procedural action taken or to be taken and its results.
In fact, in accordance with the requirements of the Criminal Procedure Code of Ukraine, the police must inform the victim of the registration of a statement of a criminal offence (in our case, the fact of a missing person) and the final result of the pre-trial investigation.
However, realising the sensitivity of the issue of awareness of the fate of a missing person, we, together with the Prosecutor General's Office and the State Scientific Research Forensic Centre, have developed a joint algorithm for the prosecutor, investigator and forensic expert to inform the parties to criminal proceedings about the appointment of forensic molecular genetic examinations and their results, obtaining expert opinions in case of change of jurisdiction in criminal proceedings, placing DNA profiles of biological material in the Electronic Register of Human Genetic Information and their selection.
In accordance with this algorithm, investigators are obliged to inform victims about the acceptance of criminal proceedings (in case of change of investigator within the same territorial unit or change of territorial unit), consolidation of criminal proceedings; appointment of DNA examination, its completion and results, placement of a DNA profile in the Electronic Register of Human Genetic Information, appointment of comparative examination and its results.
- Who should report to the police that the soldier they are looking for has been captured?
- The investigator periodically contacts the National Information Bureau, the Coordination Headquarters for the Treatment of Prisoners of War, and the Joint Centre at the SSU, which are authorised to establish the status of a person as a prisoner of war.
Ukrainian legislation does not oblige these bodies to inform investigators of the fact that servicemen have been taken prisoner.
Also, if relatives receive such information from anyone, they can provide this information to the investigator.
- Is there a legally enshrined timeframe after which the status of "missing" can be changed to "dead"?
- If we talk about time frames in the context of a period of time, national legislation does not establish such time frames.
At the same time, the Law of Ukraine "On the Legal Status of Persons Missing in Special Circumstances", namely Article 4, defines the procedure for acquiring and terminating the status of a missing person in special circumstances.
A person is considered missing under special circumstances until the search for him or her is terminated.
If a person who went missing under special circumstances, for example, was declared dead but his or her whereabouts, place of burial or location of his or her remains have not been established, the search shall not be terminated until his or her whereabouts, place of burial or location of his or her remains are established.
At the same time, the Law tells us (Article 20) that the search for a person missing under special circumstances is terminated no later than three days after the date of establishment of the location of the person missing under special circumstances, the place of burial or the location of the remains of such a person, with notification of his or her close relatives and family members, as well as the applicant, if the applicant is not a close relative or family member.
- If the body is not found, can the investigation last for years?
- Even for decades. There is no statute of limitations. The proceedings can be closed only under two conditions: if the person is found alive or the fact of his or her death is established and the body was removed from the territory where the battle was fought.
The identification of such bodies is a specialized aspect of our work. For example, during the last repatriation, over 500 bodies were transferred. We contacted the head of the main bureau of the Forensic Medical Examination of Ukraine and ask where the morgues with the least workload are, which are able to accept the bodies. He identifies several regions where repatriated bodies can be delivered. After delivery, an investigator, a criminalist, and a criminal investigation officer begin working together with the forensic expert.
During the autopsy, the forensic expert dictates what he observes on a dictaphone. The investigator writes the protocol. The criminalist meticulously records scars, tattoos, dental features, etc. That is, everything that can aid in identification.
It takes approximately six hours to thaw a body, and at least five hours for the autopsy itself. A forensic expert can only process one body per day. Afterward, everything must be documented, and a conclusion must be drawn. The investigator also works on-site for days, documenting the bodies. However, he is also responsible for investigating criminal cases. This is why the workload on investigators is now greater than ever before.
- Tell me, are there any cases when a limb is brought back during the exchange of bodies, and then the soldier is still found alive?
- Yes, there were such cases. For example, one of the guys was taken prisoner with his arm torn off.
- If the body is not identified, what happens next?
- The body is kept in a refrigerator for a certain period of time, and then the head of the local forensic medical examination institution writes a petition to the local authorities and the body is buried under a number. Then we wait for a possible DNA match. And there have been a lot of such matches recently. Then the body is exhumed and the family can rebury it.
We have had situations where a soldier is buried with honours, and a hundred metres away, the body of the person buried under the number is dug up. Can you imagine the reaction of the military who came to the cemetery to say goodbye to their comrade-in-arms? In one case, the investigator even had to explain what was really happening.
- Why did the National Police create centres for searching for missing persons in special circumstances in 2024?
- When analysing the issues raised by citizens in their complaints to the National Police, we saw one of the main problems, which is essentially a derivative of all other problems, is the lack of communication between the families of missing persons and investigators investigating such criminal proceedings. The reasons for this mass phenomenon are both objective and subjective.
At the same time, the problem cannot be systematically solved by issuing instructions to the investigators investigating these proceedings, periodic calls to the victims, and other pointed instructions. The number of cases of disappearances under special circumstances is steadily increasing, while the number of investigators investigating them remains the same.
The experience of establishing a specialized center for the search for missing persons under special circumstances at the Zaporizhzhia Regional Main Police Department, whose primary task was to optimize and enhance the effectiveness of investigations into missing persons under special circumstances and address issues arising from the interaction of police units involved in searching such persons, which later took on additional functions, has demonstrated that this new operational mechanism is both effective and efficient.
The idea is that these centers should function as hubs for addressing citizens' issues related to missing persons in special circumstances and facilitating communication: "investigator - victim."
The centers' staff should also be responsible for issues such as: changing the status from missing to prisoner of war – explaining the consequences for relatives, providing guidance on how to contact the authorities responsible for working with prisoners of war and assisting their families; identifying missing persons among the deceased – contacting military units, imposing on the AFU the responsibility for transporting and burying the body, etc.; social guarantees, and compensation for victims.
Repatriation activities and the exchange of bodies of fallen soldiers occur almost monthly. Repatriated bodies are now available in all Forensic Medical Examination institutions.
Each region has its own specificities of work during martial law, its own challenges, and factors that influence the search for missing persons under special circumstances. We at the Main Investigation Department understand this and, therefore, give the heads of the centres the freedom to define additional tasks independently.
Some centres involve representatives from local authorities, TCRs, military units, legal professionals, psychologists, regional representatives of the Coordination Headquarters for the Treatment of Prisoners of War, the Commissioner for Missing Persons in Special Circumstances, and civil society organizations.
Currently, 26 such centres are operating across Ukraine, including one responsible for the Autonomous Republic of Crimea. We recognize that people have been going missing there since 2014, and their relatives may reach out to us."
Tatiana Bodnia, Censor.NET
From the author: As explained by the National Police, relatives of missing soldiers, in addition to contacting law enforcement, should register on websites or call hotlines of such bodies and organisations that search for missing persons and prisoners:
Ministry of Internal Affairs of Ukraine - Secretariat of the Commissioner for Missing Persons under Special Circumstances (fill in the questionnaire for a person missing under special circumstances). E-mails: [email protected] and [email protected], hotline phone: 16-98. Link to the questionnaire: https://services.mvs.gov.ua.
Registration on the Commissioner's website allows a relative to obtain an extract from the Unified Register of Missing Persons, which in turn provides an opportunity for social benefits.
Coordination Headquarters for the Treatment of Prisoners of War. A citizen can create a "Personal Account" and file a report of a missing person or captivity by calling 0 800 300 529 or 044 390 43 90.
Two other authorities that citizens can apply to on issues related to missing persons in connection with Russian aggression are:
National Information Bureau (hotline: 16-48; 044 287 81 65) - provides information on the status of a person (captivity, missing, death) and receives official confirmation from the International Committee of the Red Cross on detention in places of detention (prisons, pre-trial detention centres) in the territory of the Russian Federation.
Joint Centre for Coordination of Search and Release at the SSU (+38 098 321 11 21; 044 321 11 21)
It is also important to report the details of the person you are looking for to the International Committee of the Red Cross (0 800 300 155; +41 22 730 3600)
