FEATURES OF THE ORGANIZATION OF ACCESS TO JUSTICE DURING THE LEGAL REGIME OF MARTIAL STATE

Abstract

In the article, the author considered the peculiarities of the organization of the work of judicial authorities and access to justice during martial law. The contents of the laws of Ukraine "On the legal regime of martial law", "On the judicial system and the status of judges", decisions and recommendations of the Council of Judges of Ukraine on issues of ensuring the stability of the judicial system of Ukraine were analyzed. It was emphasized that the current legislation of Ukraine and the documents of judicial self-government bodies determine that the deterioration of the administration of justice even under conditions of war and state of emergency is unacceptable, human rights and freedoms must be protected by the courts regardless of the state's regime of life. It has been proven that with the beginning of the military aggression, a number of regulatory and organizational measures were taken aimed at changing the jurisdiction of courts, regulating issues of service in judicial authorities, drafting, forwarding and providing procedural documents, holding court hearings. The recommendations of the Advisory Council of European judges on the application of information technologies in the field of justice, which should be implemented in national practice in order to ensure the efficiency and continuity of the judicial process in emergency conditions, were studied. It has been proven that the use of modern information technologies in the work of judicial authorities should be based on the principles of the rule of law, judicial autonomy, availability and quality, ensuring the integrity of data and their security. Ways to improve the legislation of Ukraine in terms of the development and implementation of algorithms for restoring the work of judicial authorities in the de-occupied territories, in particular within the framework of the implementation of stabilization measures, have been identified.