Participation of military personnel in contractual obligations

The article is devoted to the study of certain issues related to the participation of military personnel in contractual obligations. The author identifies that the complex processes of formation and development of institutions of civil society, the construction of a legal state, and the reform of the legal system could not help but lead to a change in the legal status of various population groups, the emergence of new subjects of law, which, in turn, influenced the perception and reinterpretation of the concept of “subject of law,” highlighting the distinctive features of such a category as “military personnel-special subjects.” The author states that the definition of the status of military personnel as a special subject of law is significant for the legal regulation of their behavior, determining their status in connection with interaction with other subjects of law - entry into contractual relations. By analyzing the normative legal acts that regulate the legal status of military personnel, gaps have been identified that should be taken into account in the conclusion, performance, and termination of contractual obligations involving military personnel. However, given that the legislator currently does not have a clear algorithm for resolving these issues, they require additional legislative regulation. In the process of research, it was determined that a military serviceman may be a party to civil obligations. Thus, the performance of civil obligations involving military personnel is determined, first of all, by the corresponding articles of the Civil Code, and secondly, by specific types of civil contracts. The author specifies that military personnel enter into contractual relations during their free time from military service: 1) in the military barracks - as customers in the barber’s shop, in military trade and grocery stores - as buyers; 2) when engaging in pedagogical, scientific and other creative activities, if it does not interfere with the performance of military service duties; 3) outside of service and outside the military unit - as passengers, clients, consumers, buyers. In these civil legal relations, military personnel have corresponding obligations as clients, buyers, performers - lecturers, passengers, clients, consumers. The performance of these obligations is determined by the corresponding articles of the Civil Code and civil contracts. The article outlines the problems associated with defining the special status of military personnel and their participation in contractual obligations, and suggests ways to address them.