THE IMPACT OF THE INTRODUCTION OF THE LEGAL REGIME OF EMERGENCIES ON THE ADMINISTRATION OF JUSTICE

Abstract

The aim of the article is to analyze the existing regulations on the administration of justice during the emergency regime and study the current practical experience of Ukraine on the issue. The methodological basis of the study were methods that allowed to obtain reasonable and logically verified conclusions, namely: epistemological method used in the development of domestic and international regulations on the issue of restriction of rights and freedoms during the introduction of emergency situations; hermeneutic - in the process of studying the scientific positions of various authors on the legal nature of the legal regime; the method of generalization, the use of which helped to identify the features of the administration of justice during the state of emergency. The article describes the main features of the judicial system in the introduction of emergencies. According to the study were made such conclusions as: first, the legal regime is a specific phenomenon that from a normative point of view with the help of certain tools affects the daily life of society. Depending on the subject of legal regulation and sectoral orientation, there is such a type of legal regime as the state of emergency. Secondly, the question of the peculiarities of the realization of human and civil rights and freedoms in connection with the introduction of the state of emergency is relevant. As stated in a number of international instruments, restrictions on constitutional human rights during the introduction of such a regime are possible only in respect of certain rights. Third, the cornerstone of the rule of law is the administration of effective justice during emergencies, especially in criminal proceedings. In turn, this is a prerequisite for the introduction of a new method of conducting court hearings in the period of restrictions. Fourth, based on modern realities and the process of judicial reform, Ukraine is ready for the proper functioning of the judiciary in emergencies, which is confirmed by the existence of a well-established regulatory and methodological framework.