On Improving the Legal Structure of Protecting Family Members of Deceased Participants in a Special Military Operation: the Problem of Legalizing “De Facto Marital Relations”

Introduction. The relevance of the research topic is determined by the social significance of the institution of legal protection of family members of deceased participants in a special military operation in terms of solving the problem of legalizing the “de facto marital relations” of the wives of deceased veterans. Methods. When writing the article, a wide range of general scientific, private scientific and special research methods were used. Results. The results of the study substantiate the need to adjust the vector of improving the legal structure of the protection of family members, in particular the “actual” wives of deceased participants in a special military operation. Taking into account the Soviet and world law enforcement experience, it is argued that it is necessary to change the concept of the draft law on “de facto marital relations” by shifting the emphasis in the proposed legal instruments from “property” to “moral”, which can be achieved through the legalization of posthumous marriages. The expected effect of this proposal is that the legalization of marriages after death can prevent the widow from making property claims against the family of the deceased, eliminate potential inheritance disputes, attempts to abuse her status, and provide reliable social protection for the “actual” wives of deceased participants in a special military operation. The conducted research proves that the institutions of “de facto marital relations” and “posthumous marriages” have different legal natures and the legalization of these legal structures should be carried out using legal tools appropriate to their nature. Taking into account the critical comments to the draft law “on de facto marital relations” will not change their legal nature, since additions are being made to Part three of the Civil Code of the Russian Federation, which potentially presupposes the emergence of hereditary legal relations in the family of the deceased participant in the special military operation and the possibility of subsequent property disputes. A conceptual change in the legislative approach to the practical implementation of the presidential instruction “regarding the development of measures to support the ‘actual’ wives of deceased participants in a special military operation” is seen through amendments to the Family Code of the Russian Federation legalizing “posthumous marriages” and the federal law “On Acts of Civil Status”. Discussion and Conclusion. The conclusion is formulated that the change in the concept of the draft law as a whole will have a positive impact on the execution of the instructions of the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.