Recognition of missing and declaring a citizen dead: the problem of conflicts of private law and public law interests
The article discusses the theoretical and practical substantive aspects of the recognition of the citizen as missing, dead and the problems of application of the Institute in cases of alleged fraudulent concealment by the citizen of his place of residence in connection with the evasion of investigation and trial. It is emphasized that the current practice of the application of this Institute reflects the conflict of law private law and public law interests. Based on the analysis of the essence of civil-legal Institute missing suggests possible ways of overcoming of the conflict and improvement of Institute missing in the system of Russian law.