ЗАКОНОДАВЧЕ РЕГУЛЮВАННЯ ДІЯЛЬНОСТІ АДМІНІСТРАТИВНИХ СУДІВ ПІД ЧАС ВОЄННОГО СТАНУ

Abstract

Purpose. The scientific article is dedicated to the analysis of the peculiarities of the legislative regulation of the activity of administrative courts under martial law. The main goal of the research is to identify legislative changes introduced during the legal regime of martial law in Ukraine in the sphere of functioning of the judiciary and to analyze the content of the relevant regulatory framework to outline the specifics of the legislative regulation of the activity of administrative jurisdiction courts at this time. Accordingly, the article examines the features of legal regulation, analyzes the identified problems and shortcomings, and proposes prospective directions for the development of administrative procedural legislation to ensure the effective protection of the rights, freedoms, and interests of individuals. Methods. The conducted study of the peculiarities of legal regulation of the activity of administrative courts under martial law includes the following logical stages: formulation of the problem and the purpose of the study; literature search and analysis; selection of methods and research approaches; conducting scientific research; formulation of conclusions and recommendations. The chosen research methodology is determined by the purpose and tasks of the scientific article and includes the following methods and research approaches: the dogmatic method, which helped to analyze and systematize legal concepts, terms and principles; the method of system analysis, used to study the content of new legislative provisions, their interrelation and interaction; the analysis of judicial practice facilitated the examination of court practices on this issue and determination of the peculiarities of the court activities in emergencies, etc. The abovementioned, as well as other research methods and scientific approaches, were used separately or in combination, which contributed to obtaining answers to the research problem and achieving the research objective. Results and conclusions. The author concluded that under martial law the procedure of administrative justice is regulated by the current administrative procedural legislation, the updated norms of the Law of Ukraine «On the Judiciary and the Status of Judges», recommendations and explanations of the Supreme Court, the Council of Judges of Ukraine and the State Judicial Administration. Considering the specifics of the situation in a particular region, the courts determine their mode of operation taking into account the need to ensure access to justice and the safety of judges and other participants in the process. The results of the analysis of the peculiarities of the legislative regulation of the activity of courts under martial law, as reflected in the outlined prospective directions of its development, can be used as a basis for further scientific research and in developing specific recommendations for the reform of procedural legislation in general, and administrative procedural legislation in particular.