Recognition of a person as missing or declaring them dead in court procedure: separate aspects

Abstract

The article is devoted to the study of certain aspects of recognizing a person as missing or declaring him dead in court. In particular, the issue of courts leaving applications in this category of cases without movement or refusing to grant such applications due to the non-compliance of the applications with the established requirements of the law was investigated. For this purpose, it was established that in accordance with part 1 of Article 46 of the Civil Code of Ukraine, a natural person may be recognized by the court as missing if there is no information about his whereabouts during one year at his place of permanent residence. According to part 1 of Article 46 of the Civil Code of Ukraine, a natural person can be declared dead by a court if there is no information about his whereabouts for three years at his place of permanent residence, and if he went missing under circumstances that threatened him with death or give reason to assume her death from a certain accident – within six months, and if it is possible to consider a natural person as having died from a certain accident or other circumstances as a result of man-made and natural emergencies – within one month after the completion of the work of a special commission formed as a result of man-made and natural emergencies character. According to Part 2 of Art. 46 of the Civil Code of Ukraine, a natural person who went missing in connection with hostilities, an armed conflict, may be declared dead by a court after the expiration of two years from the date of the end of hostilities. Taking into account the specific circumstances of the case, the court may declare a natural person dead even before the expiration of this term, but not before the expiration of six months. It was determined that Article 306 of the Code of Civil Procedure defines the requirements for the content of statements about recognizing a natural person as missing or declaring him dead. According to the results of the analysis of legislation and judicial practice, the necessity of making changes to the norm that defines the content of the statement on recognizing a person as missing or declaring him dead is substantiated, and the revision of such a norm is proposed.