ОСОБЛИВОСТІ ПРАВОВОГО СТАТУСУ ОСІБ, ЯКІ ЗНИКЛИ БЕЗВІСТИ ПІД ЧАС ВОЄННОГО СТАНУ В УКРАЇНІ

Abstract

The article is devoted to determination of essence and content of legal status of persons missing under special circumstances. It is established that persons missing under special circumstances are endowed with a special legal status, which serves as an addition to their general legal status. Such grounds for obtaining legal status by persons as legal personality of a person as a set of legal capacity and capacity are characterized; the totality of subjective rights of a person, legal obligations and legal liability is distinguished as elements constituting the content of the general legal status of persons missing under special circumstances. It is argued that the presence of legal gaps in the administrative and legal regulation of the legal status of persons missing under special circumstances prevents the necessary and timely realization of the rights and freedoms of persons missing during the legal regime of martial law in Ukraine, slows down the procedure for protecting the violated rights of such persons and their restoration. The belonging and completeness of legal support of the rights and freedoms of persons missing under special circumstances is considered as a kind of indicator of the ability of public authorities to organize and search for such persons. The article analyzes the basic rights of persons missing under special circumstances provided by the special legislation of Ukraine, which belong to the elements of the legal status of such persons. It has been investigated that the peculiarities of legal status of persons missing under special circumstances are legally assigned to certain categories of persons: persons authorized to perform the functions of the state, and persons missing under special circumstances during military service. Emphasis is placed on the lack of a clear definition of the term "missing person" in international law, the main international treaties are analyzed in the context of the issue under study. It is emphasized that the rules of international law are harmonized with national legislation in such areas as social protection, family legal relations, labor relations, protection of property rights.