CERTAIN CIVIL AND PROCEDURAL GUARANTEES FOR THE PROTECTION OF THE INTERESTS OF MILITARY PERSONNEL IN A SPECIAL PERIOD

Abstract

The article reviews social guarantees (benefits) established by the state for military personnel drafted for military service conscripts during mobilization for a special period. It is emphasized the introduction by the legislator of certain guarantees in the field of civil material and civil procedural relations, which are related in particular to the exemption from civil liability of military personnel as “mobilized borrowers” (proprietary civil guarantees), and establishing of conditions for the personal proper exercise of procedural rights and obligations in civil (administrative, commercial, except for proceedings in bankruptcy cases) cases (procedural guarantees). In this regard, the issue of the time limits of the validity of the aforementioned guarantees and the determination of the subjects of the relevant legal relations to which they apply is of practical interest. Therefore, the purpose of the article is to conduct a scientific and practical analysis of the relevant provisions of the legislation that established the aforementioned guarantees, and the judicial practice of its application. It is noted that the above-mentioned civil law guarantee for the protection of the property interests of military personnel during a special period was enshrined in clause 15 of article 14 of the Law “On Social and Legal Protection of Military Personnel and Members of Their Families”. It is emphasized that the period during which military personnel performs military service during mobilization, for a special period, should be determined based on the explanations of the Ministry of Defense. The specified guarantee applies only to “mobilized borrowers” (including reservists) and does not apply to persons with the status of a combatants, and does not apply to “guarantors”. In the field of procedural law, the main guarantee for military personnel is the possibility of suspending the proceedings in the case if the party is a member of the Armed Forces of Ukraine or other military formations established in accordance with the law that have been converted to martial law. If the military personnel objects to the suspension of the proceedings on this basis, then the suspension of the proceedings cannot be applied to the detriment of the interests of such a person. The conclusion is substantiated that the specified guarantees should be implemented based on the principle of dispositivity, that is, taking into account the will of the interested military personnel.