DEVELOPMENT OF CIVIL LEGISLATION OF UKRAINE ON DECLARING INDIVIDUALS TO BE DECEASED

Abstract

The author of the article has studied the legal institution of declaring individuals to be deceased and has identified directions for improving civil legislation of Ukraine in this area. It has been established that there are five grounds for declaring an individual to be deceased by a court in accordance with the Civil Code of Ukraine: 1) lack of information about the location area of an individual at the place of the permanent residence during three years; 2) lack of information about the location area of an individual at the place of the permanent residence during six months, if he / she gone missing under circumstances that threatened his / her death or give reason to assume his / her death from a particular accident; 3) lack of information about the location area of an individual at the place of the permanent residence during one month after the Special Commission, which had been formed as a result of manmade and natural emergencies, completed its work, if it was possible to believe an individual to be deceased from a particular accident or other circumstances as a result of man-made and natural emergencies; 4) lack of information about the location area of an individual at the place of the permanent residence after the expiration of two years from the date of the end of hostilities of war, if an individual gone missing because of hostilities, armed conflict; 5) lack of information about the location area of an individual at the place of the permanent residence after the expiration of six months from the date of the end of hostilities of war, taking into account the specific circumstances of the case, if an individual gone missing because of hostilities, armed conflict. It has been substantiated that in the process of updating civil legislation of Ukraine it is inappropriate to remove from the Civil Code of Ukraine such a ground for declaring an individual to be deceased. as the lack of information about the location area of an individual at the place of the permanent residence within one month after the Special Commission, which had been formed as a result of man-made and natural emergencies, completed its work, if it was possible to believe an individual to be deceased from a particular accident or other circumstances as a result of man-made and natural emergencies. It is advisable to provide for a provision in the Civil Code of Ukraine that, taking into account the specific circumstances of the case, the court may declare an individual to be deceased before the expiration of two years from the date of the end of hostilities of wat, but not earlier than the expiration of six months from the date of the occurrence of circumstances that threatened his / her death or gave reason to assume his / her death.