National interests and their protection in civil proceedings

Abstract

Under civil, arbitration and administrative procedures, many cases are considered in which one of the objects of protection is state (national) interests. The work provides evidence that a number of legal relations regulated by the Civil Code of the Russian Federation are of a public-law nature. In this case, disputes arising from these relations are resolved according to the rules of action proceedings in civil and arbitration procedures. The author proves that the state, acting as a participant in civil-law relations, nevertheless implements public-law functions ensuring national interests. At the same time, there are no special rules aimed at protecting these interests in procedural legislation. The author developed an approach to understanding the nature of national interests, including the traditional spiritual and moral values enshrined by the decree of the President of the Russian Federation. Based on the analysis of the legal positions of the Supreme Court and Constitutional Court of the Russian Federation, the doctrine of civil and arbitration procedures, and administrative proceedings, private and public-law conflicts are differentiated. The author proposed specific procedural mechanisms for protecting national interests in civil proceedings: accretion of the procedural power of the court when considering cases with the participation of the state (going beyond the asserted claims and arguments of the parties, disclosure of evidence on its own initiative); expanding the functions of the prosecutor in the field of civil procedural jurisdiction (in particular, giving him the right to apply for defense of the rights and interests of military personnel); consolidation of special procedural responsibilities of state authorities, local government authorities, officials as participants in civil and arbitration proceedings. It is also proposed to prohibit the conclusion of settlement agreements in cases involving the state.