ПРАВО НА ЗАХИСТ У ЦИВІЛЬНОМУ СУДОЧИНСТВІ В УМОВАХ ДІЇ ВОЄННОГО СТАНУ В УКРАЇНІ: ТЕОРІЯ ТА ПРАКТИКА

Abstract

The article reveals the meaning of the concept of "protection of rights in civil proceedings during martial law" and identifies the features of civil proceedings in martial law. The legal assessment of normative acts, which are recommendatory and regulate the organizational work of the court and the trial in martial law, is given. The application of the norms of the Civil Procedure Code of Ukraine under martial law, as well as the norms of the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine" has been studied. It is proved that the mechanism of ensuring rights in civil proceedings in case of martial law has features defined by the Constitution and the Law of Ukraine "On the legal regime of martial law". The problems of civil proceedings, which arose due to the aggression of the Russian Federation on the territory of Ukraine, are revealed. The author's vision of modification (change) of rights to defense in court is offered. Judicial practice on compensation for damage caused by the aggression of the Russian Federation on the territory of Ukraine is considered. The object of the study is composed of civil-procedural relations arising in connection with the protection of violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, the interests of the state in civil proceedings, as well as martial law on the territory of Ukraine. The methodological basis of the study encloses the philosophical and legal principles of knowledge of social phenomena, particularly those related to the protection as well as protection and restoration of the rights of persons (citizens and legal entities) in civil proceedings. Dialectical, system-structural, normative-logical, sociological, and comparative-legal methods of cognition are applied. According to the results of the study, it is proposed to improve the rules of civil procedural legislation of Ukraine.