Courts of Ukraine in Wartime: Issues of Sustainable Functioning

Abstract

On 24 February 2022, a martial law was imposed in Ukraine in connection with russia’s military aggression against Ukraine. This put new living conditions for Ukrainian society and state power institutions on the agenda. The judiciary is among them, and its sustainable functioning is a component of the state security, the sovereignty of Ukraine and the rule of law. Ensuring the continuity of the human right to judicial protection, which cannot be restricted even in wartime, required swift and effective decisions that were taken on an ad hoc basis and in accordance with the circumstances. For two months of functioning during the war, the judiciary of Ukraine has gained unique experience, what made it possible to draw the relevant conclusions and learn the lessons. This publication provides for an overview and analysis of various aspects of the activity of the courts of Ukraine during the war launched by the russian federation. Based on statistics and personal experience, the authors reveal the specificity of work arrangement of Ukrainian courts in wartime, highlighting two key issues: (a) "the problem of territories" and (b) "the problem of personnel." Particular attention is paid to the security (physical, humanitarian, informational) of judges as representatives of the judiciary and their resistance to military aggression

Keywords

• Courts in wartime
• Russia's war against Ukraine
• Security of judges in wartime
• Resistance of judges to the war