Klychkov A. The grounds and civil consequences of the confession of a physical person missing and declaring her dead in Ukraine

As a result of the conducted scientific research, based on the analysis of the positions of domestic and foreign scientists, the current Ukrainian and international legislation, the generalization of judicial and notaries practice, the following list of conclusions and proposals on improving the grounds and civil legal consequences of the recognition of a physical person is missing and the declaration of the deceased in Ukraine. An analysis of foreign law has shown that the institution of declaring a person missing or dead does not exist in all countries. In the states in which it is present, there are substantive rules that are different in relation to the regulation of the terms and conditions for the declaration of a person missing from the law, the consequences of a false absence in comparison with Ukraine. The author’s definition of an unknown absence is proposed, which should be understood as a complex of law-making, law-abiding and law-abiding legal facts established by the court, the objective conditionality of which is necessary for the realization by other participants of the legal relations of their subjective rights and obligations. It is argued that the legal status of the missing (missing) persons in the activities of the bodies of the national police of Ukraine is differentiated according to the subject structure, namely: a) individuals (ordinary citizens); b) children; c) the individual debtor.