About value of stages of unknown absence of the citizen in the Russian civil law

In article problems of unknown absence in the Russian civil law are analyzed. For elimination of legal uncertainty identification of stages of unknown absence of the citizen which have intrinsic differences is offered. Is proved that division of the period of unknown absence into stages has theoretical and practical value. "The unknown absence" in the Russian civil law means existence of the judgment on recognition of the citizen is unknown absent. Unknown absence the non-uniform legal phenomenon on all its temporary extent. The phenomenon finds itself at the time of disappearance of the person and has duration in time when the person actually was gone, but concerning it is not made yet the judgment on recognition it is unknown absent. In this regard there is a need to define civil status is unknown the absent person from the moment of its actual loss until its recognition in a judicial proceeding is unknown absent. In such situation since the moment when calculation of term of unknown absence of the citizen begins and until the introduction in validity of the judgment on recognition it is unknown absent he has to be considered as a missing person. It allows to allocate separate stages of unknown absence which have intrinsic differences. When passing one stage necessary conditions for transition to the following stage are created. It is possible only at commission of the actions provided in the previous stage. Each stage pursues the definite purpose connected with civil regulation of unknown absence. At loss of the person without message (the actual unknown absence), there are property risks, both at the most missing, and at other persons with whom it is connected by legal relationship or having interest in establishment of such relations. Civil regulation which has to aim at protection of interests of the person of the missing person, in the civil legislation of the Russian Federation is developed insufficiently. It should be noted that even statistics of missing persons in the Russian Federation began to be kept only since 2000. The author in detail considered separate stages of unknown absence of citizens: 1) the actual unknown absence (the period when the unknown absence is legally not issued); 2) unknown absence (unknown absence as legally issued civil status); 3) an appearance of the citizen, recognized it is unknown absent.

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