PROBLEMS OF THE LEGAL STATUS OF PERSONS MISSING UNDER SPECIAL CIRCUMSTANCES IN ENFORCEMENT PROCEEDINGS AND WAYS TO IMPROVE IT

Abstract

The article examines the problems of legal regulation of the status of persons missing under special circumstances within enforcement proceedings. The current legislation of Ukraine is analyzed, in particular the provisions of the Civil Code of Ukraine, the Laws of Ukraine “On the Legal Status of Persons Missing under Special Circumstances” and “On Enforcement Proceedings,” as well as other нормативно-правові acts. The study identifies key gaps in legal regulation related to the absence of a special regime for enforcement actions and the insufficient effectiveness of the institution of guardianship over the property of persons missing under special circumstances. The necessity of comprehensive improvement of legislation aimed at ensuring a balance between the rights of debtors and creditors, as well as compliance of national legislation with international human rights standards, is substantiated. The current legal regulation does not provide adequate protection of the rights of persons missing under special circumstances in enforcement proceedings. The absence of a special legal regime and the imperfection of the institution of guardianship lead to violations of the principles of justice and the rule of law. The optimal solution is comprehensive improvement of legislation aimed at ensuring effective representation of the interests of the missing person and establishing procedural guarantees to achieve a balance between the rights of the parties. The implementation of the proposed amendments will contribute to enhancing the level of legal protection and aligning national legislation with international standards. In order to resolve the outlined issues, it is advisable to propose a set of amendments to the current legislation of Ukraine, namely: first, it is necessary to introduce a special regime of enforcement proceedings concerning persons missing under special circumstances (including prisoners of war), which would provide for the complete suspension of enforcement actions; second, the mandatory appointment of a guardian after a person is entered into the register should be established; third, the guardian should be granted the status of a legal representative with a full scope of procedural rights in enforcement proceedings; fourth, an effective mechanism for monitoring the guardian’s activities should be created; fifth, the legal protection of family members of missing persons should be strengthened, in particular by expanding their procedural rights.