Email this article Judicial protection of civil rights of the special military operation participants and their family members
- Authors: Mikhailova E.V.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: No 5 (2025)
- Pages: 135-142
- Section: Court, prosecutor’s office, bar, notarial system
- URL: https://journal-vniispk.ru/1026-9452/article/view/306959
- DOI: https://doi.org/10.31857/S1026945225050128
- ID: 306959
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Abstract
The article shows that the current civil procedural and arbitration procedural legislation is currently characterized by the absence of any special procedural mechanisms aimed at protecting the rights, freedoms and legitimate interests of the participants of the special military operation and their family members. The author believes that these persons should be endowed with a special legal status – both substantive and procedural. It is proposed to differentiate the substantive status of the participants of the special military operation and their family members into general and special. Depending on this, the procedural order of protecting the civil rights and legitimate interests of these persons is determined. If in a disputed substantive legal relationship they exercise their general civil status (enshrined in the general rules of civil legislation), the case is subject to consideration and resolution according to the general rules of civil proceedings. The implementation of the special legal status by the participants of the special military operation and their family members (enshrined in the provisions of special regulatory legal acts) within the framework of a disputed civil legal relationship should involve granting them a special procedural status. To achieve this, it is necessary to secure shorter terms for considering cases involving them, a special role of the court in these cases, and the court’s obligation to provide a lawyer to a special military operation participant who is performing combat missions. A proposal has been made to amend Article 122 of the Civil Procedure Code of the Russian Federation and secure the claims made by the special military operation participants and their family members for payment of the sums of money due to them by law as a separate basis for issuing a court order. It also seems possible for the author of the article to accept the proposal on the oral form of the will of the special military operation participants, but to secure the mandatory judicial procedure for its recognition.
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About the authors
E. V. Mikhailova
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: e.v.mihailova@bk.ru
10 Znamenka str., 119019 Moscow, Russia
References
- Mikhailova E. V. On some aspects of the prosecutor’s participation in the Civil Process // Lawyer. 2024. No. 7. Pp. 53–58 (in Russ.).
- Mikhailova E. V. On some problems related to the prosecutor’s participation in a civil case // State and Law. 2024. No. 12. Pp. 76–83 (in Russ.).
- Mikhailova E. V. Functions of the prosecutor in civil and arbitration proceedings // State power and local self-government. 2025. No. 3. Pp. 18–22 (in Russ.).
- Mikhailova E. V. The functions of the prosecutor in the sphere of civil jurisdiction need to be strengthened // Legality. 2021. No. 8 (1042). Pp. 27–34 (in Russ.).
- Nesterenko A. I. The mechanism of implementation of social support for the participants of the Special Military Operation and their family members // Trends in the development of science and education. 2024. No. 116–4. Pp. 75–78 (in Russ.).
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