Open AccessParties Concerned in Cases of Recognition of an Individual as Missing and Deceased
Author(s) -
Закаряева Марьям Магомедовна
Publication year - 2018
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2018.92.7.090-099
Subject(s) - order (exchange) , law , civil code , political science , psychology , business , finance
The article is devoted to the analysis of Art. 276 of the Code of Civil Procedure of the Russian Federation, where it is stated that an application for recognizing an individual as missing or declaring him or her as dead is filed to court by the person concerned. The author considers the issue of correlation between the concepts "the person concerned" and "applicant," and concludes that a characteristic feature of "the person concerned" is the existence of a legal interest. In turn, the "applicant" having a legal interest, goes to court with the application for recognizing the individual as missing or declaring him or her as deceased because the applicant can not otherwise overcome the legal anomaly that has arisen due to the individual's long absence. Thus, the applicant is included into the number of the persons concerned. The author comes to the conclusion that an employer of a missing employee can act as an applicant in this category of cases. Also, it is necessary to refer the missing person to the persons concerned in order to notify him or her of the time and place of the court proceedings.