PROBLEM ASPECTS OF THE IMPLEMENTATION OF THE LAW FOR JUDICIAL PROTECTION UNDER THE CONDITIONS OF MARTIAL LAW

Abstract

This article provides a comprehensive analysis of the essence and content of the constitutional right to judicial protection and the peculiarities of its implementation in the conditions of the legal regime of martial law. Summarizing various scientific approaches, the author determines that the right to judicial protection is a natural inalienable and under no circumstances subject to restriction human right enshrined in the Constitution of Ukraine and in important international legal acts defining universal standards of human rights and freedoms. The Constitution of Ukraine imposes on the state the main duty to establish and ensure the right to judicial protection, which is to create the necessary and sufficient conditions for its realization. Because of the Russian military aggression, the judicial system faced many challenges, and the authorities were forced to respond quickly by developing "effective" legal algorithms and adopting appropriate legislative changes in order to ensure the implementation of the right to judicial protection and prevent threats to the life and health of judges and participants in the judicial process. During the study, the changes to Art. 147 of the Law of Ukraine "On the Judiciary and the Status of Judges" and it has been proven that under the conditions of martial law, the application of a mandatory legal provision on changing territorial jurisdiction is unacceptable. When deciding the issue of changing the territorial jurisdiction of court cases, it is necessary to be guided by the rule of "safety of the court and participants in the court process", rather than the rule of "territorial proximity of the court" as defined by the legislator. It is noted that that under martial law, an effective form of exercising the right to judicial protection is remote judicial proceedings, but this issue requires legislative regulation by introducing amendments to the Law of Ukraine "On the Judicial System and the Status of Judges" in order to ensure the opportunity to participate in court sessions remotely not only for participants cases, but also to secretaries of court sessions and judges.