Stay of proceedings due to mobilization: the role of the court
Should the court consider the personal opinion of a service member regarding the stay of proceedings in a case during martial law?
Should the court consider the personal opinion of a service member regarding the stay of proceedings in a case during martial law?
Answer provided 25.11.2025 11:06
If a service member expresses their own will against the suspension of proceedings in a case and a desire to continue the consideration of the case (personally or through a representative), the court must take into account their expression of will and continue to conduct legal proceedings in the respective case.
Proper evidence for suspending the proceedings in the case includes documents confirming that the person is on military service (military ID, commander's order, etc.).
This conclusion was reached by the Grand Chamber of the Supreme Court in its ruling of November 12, 2025, in case No. 754/947/22 (proceedings No. 14-74ts25), which will be available immediately after its publication.
The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.