RECOGNITION OF A CITIZEN AS MISSING AND THE ANNOUNCEMENT A CITIZEN OF THE DECEASED AS CIVIL LAW INSTITUTES

Abstract

The article examines the institutions of an unknown absence of a citizen and declaring him dead. The authors disclose the concepts of the institutions under study, the conditions and legislative approaches to the terms necessary for recognizing a citizen as missing or dead. The paper analyzes the judicial practice in cases of the studied category, which made it possible to formulate practically substantiated proposals for the modernization of civil legislation. When writing this article, the authors revealed a number of problems regarding the application of institutes for recognizing a citizen as missing and declaring a citizen dead. Thus, there are gaps in the substantive and procedural laws that do not allow determining the exact composition of interested persons who have the right to file an application for cases of this category. Also, the law does not indicate the circumstances that serve as the basis for the transfer of the property of a missing citizen to trust. The authors, analyzing the legislation, scientific literature offer their own solutions to the above problems. It is proposed to introduce into the Civil Code of the Russian Federation a norm that defines the circle of persons who have the right to submit applications for recognizing a citizen as missing and declaring him dead. It is required to fix the grounds necessary for transferring the property of a missing citizen to trust management. The authors also consider it necessary to adopt the Resolution of the Plenum of the Supreme Court of the Russian Federation, which will contain clarifications on the application of the provisions of civil and civil procedural laws on the procedures for recognizing a citizen as missing and declaring the citizen dead.

Keywords: the missing; trust; interested parties; declaration of death; presumption of life.

References

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Authors

Tatyana N. Doroshenko – PhD in Historical Sciences, Docent; Associate Professor, Department of Civil Law and Procedure, Yaroslav-the-Wise Novgorod State University, Veliky Novgorod, Russia.
E-mail: Tatyana.Doroshenko@novsu.ru. SPIN РИНЦ 4658-2231.
Anastasia S. Chikunova – Student, Yaroslav-the-Wise Novgorod State University, Veliky Novgorod, Russia; Clerk, Arbitration Court of Novgorod Region, Veliky Novgorod, Russia. E-mail: 45890009@mail.ru.

For citation:
Doroshenko T.N., Chikunova A.S. Recognition of a Citizen as Missing and the Announcement a Citizen of the Deceased as Civil Law Institutes // BENEFICIUM. 2020. No. 1 (34). pp. 86-94. (In Russ.). DOI: 10.34680/BENEFICIUM.2020.1(34).86-94.