Year: 2024
Type: article
Abstract: The authors of the article have explored the challenges faced by courts as state authorities, which must continuously exercise their powers under the conditions of martial law. It is emphasized that the martial law introduced on February 24, 2022, allowed for the restriction of public rights and the establishment of special procedures for the exercise of power. However, most prohibitions did not affect the functioning of the judicial system. This necessitated the guarantee of constitutional rights and freedoms of individuals and citizens. Therefore, the purpose of the article is to analyze the peculiarities of justice during the period of martial law and to identify ways to overcome existing problems. It was found that the functioning of courts currently takes place only in territories controlled by Ukraine. The peculiarities of the functioning of judicial authorities under the conditions of martial law have been determined. The problem of many individuals changing their place of registration or residence, moving to other regions or abroad, which has affected the administration of justice in general and the consideration of certain categories of court cases in particular, has been outlined. Conditions for the expansion of territorial jurisdiction regarding courts that are under occupation or where active combat operations are taking place have been identified. It has been established that the renewal of procedural deadlines must be examined and considered by the court based on certain arguments of the applicant and resolved separately in each case. It has been found that when the materials of a court case are left in the occupied territory and no decision has been made by the court of first instance, resolving the case on its merits is only possible under the conditions of its re-examination. It is indicated that the complex situation in which courts operate requires the prompt regulation of many issues related to the material-technical and organizational-legal support of their functioning. It is emphasized that during the period of war, the priority must be to ensure the safe functioning of courts, their employees, and participants in the judicial process. Attention is focused on the need to amend the current legislation and generalize the judicial practice of administering justice under the conditions of martial law in order to regulate existing problems that arise during the realization of everyone's right to access to justice.
Source: Scientific Notes Series Law
Authors: Yehor Dovhopolyi, UKRAINE", Artur Vitko, Mykhailo Shliakhovchuk, Mykola Maslov
Institution: Kherson State University
Language: English
Topic: War, Law, and Justice
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4399682575