РЕАЛІЗАЦІЯ ПРАВА НА СУДОВИЙ ЗАХИСТ В УМОВАХ ВОЄННОГО СТАНУ В УКРАЇНІ

Abstract

The article is devoted to the issue of exercising the right to judicial protection in martial law in Ukraine. This question is revealed through the prism of finding out how legal it is to restrict rights during emergencies. It is emphasized that any restriction on human rights and freedoms must meet the requirements of legality, necessity, expediency and proportionality of the aim pursued. The provisions of international acts that establish the permissible limit in the restrictions of rights and freedoms, in particular those provisions relating to the right to judicial protection, are studied. The provisions of the Constitution of Ukraine, Ukrainian legislation and the European Convention on Human Rights on the scope of guarantees provided by them under different conditions are analyzed. The possibility of including the right to a fair trial in the list of guarantees in international human rightsinstruments assuch, which is notsubject to restrictions under any circumstances, is considered separately. The possibility of exercising the right to judicial protection is especially important during the introduction of special administrative and legal regimes, when public authorities are given the right to additionally apply administrative measures aimed at restricting rights and freedoms to ensure security in the state. Different positions are considered on the need for active judicial control in the context of empowerment of the executive branch, in order to prevent possible abuse or imposition of excessive burdens. The article examines the current state of the judicial system and the precautionary measures taken to prevent its suspension, including amendments to the Law of Ukraine "On the Judiciary and the Status of Judges", changing the territorial jurisdiction of cases. The potential difficulties that may await the judiciary due to such changes have been analyzed. The importance of distinguishing the categories of cases to be considered as a matter of priority was emphasized.