Problems of conformity and judicials of civil and administrative cases with participation of mobilized persons

Abstract

With the publication of Decree of the President of the Russian Federation of September 21, 2022 N 647 «On the announcement of partial mobilization in the Russian Federation», a range of practical issues arose related to the determination of jurisdiction and arbitrability of disputes involving mobilized persons. These problems arise from legal uncertainty regarding certain aspects of the legal status of a mobilized person. Thus, in order to determine jurisdiction and jurisdiction, it is necessary to clarify not only the subject and nature of the dispute, but also the moment when the status of a military man arises for a mobilized person. The range of issues that are covered by the intersectoral status of a mobilized person as a citizen, a military man, predetermines the jurisdiction and jurisdiction of disputes with his participation both to arbitration courts and courts of general jurisdiction, including military courts in the framework of arbitration, civil, administrative, criminal proceedings. A separate analysis is required by the provisions of the federal law of December 29, 2022 N 603-FZ «On Amendments to Certain Legislative Acts of the Russian Federation» on the suspension of proceedings in a case involving a mobilized person.