LEGAL CONSEQUENCES OF DECLARING A PERSON AS MISSING DURING THE STATE OF MARTIAL

Abstract

The article analyzes the features of recognizing a person as missing. The concepts of «missing person» and «missing person» are distinguished and clarified. A missing person is a person whose whereabouts are unknown within the period specified by law and there is no information about him established by court order. It is characterized that in order to recognize a person as missing, it is mandatory to apply to the court, and the document confirming the recognition of a person as missing is a court decision. It is clarified that the legislation does not define a clear list of persons who can submit an application to recognize a person as missing or declare him dead. In accordance with the legislation, natural and legal persons who have a legal interest in this case and can prove it in court can apply to the judicial authorities. The internal affairs bodies cannot be the applicant in such a case, because they have no material and legal interest. If a person who was recognized by the court as missing or declared dead appears or his whereabouts have been determined, the court will change his legal status upon application. An application for annulment of a court decision to declare a person missing or to declare him dead can be filed by the person himself or by other citizens who have the right to apply to judicial authorities to protect the rights and interests of other persons. It was determined that the legal consequences of recognizing a person as missing are the establishment of guardianship over this person's property, the payment of debts from this property and the maintenance of persons whom the missing person is obliged to support, the possibility for persons who were supported by the missing person to apply for a pension in in connection with the loss of a breadwinner, the possibility for the husband or wife of an absent person to divorce through the DRATS in a simplified manner. The process of recognizing a serviceman as missing has an excellent procedure and is carried out in an administrative and personnel procedure. The issue of legislative regulation of recognition of servicemen and law enforcement officers as missing is in need of further research and clarification.