For participants of SVO will simplify the procedure for declaring dead
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The State Duma Committee on State Construction and Legislation recommended that the chamber adopt in the first reading two bills that simplify the recognition of participants in a special military operation and citizens living in its territory as missing, declaring them dead and establishing the fact of their death. With regard to such citizens, the rule will not apply, according to which a serviceman and a person missing in connection with hostilities can be declared dead by a court only two years after their end. The State Duma may consider these bills as early as Tuesday.
On March 14, a group of deputies and senators submitted amendments to the law “On the Enactment of Part One of the Civil Code of the Russian Federation” to the State Duma. According to Art. 42 of the Civil Code (CC) of the Russian Federation, a citizen may be recognized by a court as missing at the request of interested persons if there is no information about his whereabouts at the place of residence. The authors of the bill proposed to reduce this period to six months in relation to the participants in the NWO, as well as residents of new and border Russian territories that are in contact with the areas of hostilities. Also, Art. 45 of the Civil Code, which establishes that a serviceman or other citizen who is missing in connection with hostilities may be declared dead by a court no earlier than two years from the date of their end.
If such a person went missing “under circumstances threatening death or giving reason to assume his death from a certain accident,” then, at the request of the interested parties, he may be declared dead by the court.
The second draft law amends a number of laws in order to correct the procedure for registering the fact of death “for more efficient processing of documents necessary for the production of various social and insurance payments and the provision of social support measures” to family members of military personnel, the explanatory note to the bill notes. For example, the draft law contains provisions on the issuance of a death certificate when the fact of death is established administratively, that is, on the basis of information from witnesses.
The co-author of the bills, Chairman of the Committee on Legislation Pavel Krasheninnikov (United Russia), stressed that the initiatives are aimed at legal protection of the families of the missing members of the SVO. “We know that we have the dead and the missing. We understand that the current legal norms and procedures are of little use, because they are formally long and heavy. We have proposed clearer and more understandable procedures for the recognition by the court as missing or dead. And all these procedures make it possible to receive social benefits,” Mr. Krasheninnikov said, noting also that the law will have retroactive effect. The State Duma may consider these bills as early as Tuesday.
Deputies of the LDPR faction introduced a similar bill, but the committee did not support it. The authors of the document proposed to make amendments directly to the Civil Code. Mr. Krasheninnikov noted that since the norms are transitional, it is better to include them in the “transitional” law “On the Enactment of the First Part of the Civil Code.”
Another Duma committee – on the development of civil society, issues of public and religious associations – on the same day recommended for rejection another bill related to the SVO. Its authors, deputies of the New People faction, proposed to allow citizens called up for military service by mobilization to participate in the NVO to undergo alternative civilian service. The Committee considered this issue as a co-executor, since alternative civilian service is often performed for religious reasons, including members of the clergy. The authors also proposed to expand the list of grounds for choosing an alternative service (the presence of a pregnant wife, two dependent children under 18, or if a close relative of a citizen died during military service). Committee Chairman Olga Timofeeva (ER) noted that alternative civilian service is chosen by conscription, while citizens who have already served and, accordingly, have already made their choice, are subject to mobilization.
The State Duma is preparing to ban the activities of the ICC in Russia
State Duma Speaker Vyacheslav Volodin held a meeting on Monday to prepare amendments banning the International Criminal Court (ICC) from operating in Russia. The meeting was attended by Vice Speaker of the Lower House Irina Yarovaya and Chairmen of the Duma Committees on Security and Defense Vasily Piskarev and Andrey Kartapolov. “Profile committees of the State Duma are preparing amendments to the law “On Security”, which will prohibit the activities of the International Criminal Court and international bodies on our territory directed against the Russian Federation and its citizens,” Mr. Volodin said after the meeting. He noted that the bans will also affect public calls for the execution of decisions of international courts and cooperation with them. To this end, amendments to the Criminal Code and the Code of Criminal Procedure are being prepared.
Recall, on March 17, the ICC issued an arrest warrant for President Vladimir Putin and the Commissioner for Children’s Rights in the Russian Federation Maria Lvova-Belova in the case of “illegal export of children” from Ukraine. In response, Moscow stated that Russia is not a party to the Rome Statute of the ICC and does not recognize its decision.
At the same time, the initiative of the speaker of the State Duma on Monday was criticized by Andrey Klishas, Chairman of the Federation Council Committee on Constitutional Legislation and State Building. “The ICC is a quasi-judicial corrupt structure with no legal basis. Reacting legislatively to the PR campaigns of the ICC and others like it is an empty and meaningless undertaking, ”he wrote in his Telegram channel. At the same time, the senator recalled that back in 2022, an amendment was made to the Duma in the Criminal Code, introducing responsibility for actions to enforce anti-Russian sanctions on the territory of the Russian Federation. But it “has not yet been considered in the presence of a positive conclusion of the Supreme Court,” Mr. Klishas emphasized. In his opinion, Russian banks should be subject to criminal liability, for example, which “on the basis of Western sanctions, refused to work with sanctioned organizations and individuals when these individuals were asked to close their accounts, when many refused to work in Crimea due to sanctions.” “Although it is certainly safer to fight against “calls”, Andrei Klishas summed up. Ksenia Veretennikova
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