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CIVIL-LEGAL REGULATION OF UNKNOWN ABSENCE OF CITIZENS IN EMERGENCIES



A.V. Elmurzaev
A.V. Menshikov
E.A. Titova
elmurzaev.78@mail.ru
kaf-gp@igps.ru
Lady.uea@yandex.ru
senior lecturer at the Department of Civil Law, Saint-Petersburg University of State Fire Service of EMERCOM of Russia, Ministry of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters, PhD in Law
Head of the Department of Civil Law, Saint-Petersburg University of State Fire Service of EMERCOM of Russia, Ministry of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters, PhD in Pedagogics, Associate Professor
Interrogator, Head Office of Samara region EMERCOM Russia, the Department of Supervisory Activity and Preventive Work at Samara City district
St. Petersburg
St. Petersburg
Samara

Keywords:

  • emergencies
  • unknown absence
  • declaring someone dead
  • court practice
  • legal regulation of unknown absence
  • legal fiction
  • judicial board
  • Emergency situations are considered to be potentially life and health threatening for citizens. As a result of emergencies quite often citizens go missing. Along with that there might arise a situation when there remains property being left over which needs to be administered in their absence or there emerges the need for realization of rights or meeting obligations. Enforcement of stability of civic turnover requires assigning certain legal certainty to the status of individuals being absent.
    The present article deals with legal regulation of unknown absence of citizens with some legal forms of documenting the case being studied. In addition specific features of recognizing a citizen to be a missing person and declaring someone dead have been analyzed. In this respect current legislation dealing with emergencies have been analyzed including a number of relevant legal normative instruments covering the field under the study as well as court decisions with regard to recognition of someone dead.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5