Citizens’ access to justice during the introduction and implementation of the legal regime of martial law in Ukraine

Abstract

During times of martial law, access to justice may become limited. However, there exist generally accepted principles of international humanitarian law and European standards that mandate a state embroiled in conflict to safeguard human rights and access to judicial procedures. Hence, the issue of exercising the right to access justice is relevant. The purpose of this study was to investigate the functioning of the judicial system of Ukraine under martial law and its accessibility to citizens. The methodological framework of this study included the content analysis method, analytical, systemic and structural, dialectical, formal legal, and logical methods. The study examined the issues of access to justice under martial law in Ukraine, and the observance of all human and civil rights and freedoms guaranteed by the Constitution of Ukraine and other international instruments. The study focused on various decisions made by the authorities regarding the functioning of the judicial system of Ukraine: changes in the work of courts, restrictions on procedural guarantees and the conduct of certain categories of cases, redistribution of cases to courts that are closer to the territorial location and are likely to be safe, relocation of courts from the occupied territories or combat zones. Attention was focused on electronic document management and the work of the Electronic Court subsystem, etc. The study concluded that the judicial system of Ukraine did not cease to function; although access to justice during martial law may be restricted, it depends on a particular situation, the location of courts, legislation, and international obligations. The study focused on remote justice, which will ensure the proper safety of litigants and the quality of justice. The demand for remote court proceedings will grow over time, resulting in the modernisation of access to court. The practical significance of this study lies in outlining ways to improve the effectiveness of access to court in wartime conditions

Keywords

• constitutional rights
• judicial system
• judicial reform
• digitalisation of justice
• electronic document management
• online conference