АНАЛІЗ ФУНКЦІОНУВАННЯ АДМІНІСТРАТИВНОГО СУДОЧИНСТВА В СУЧАСНИХ УМОВАХ РЕЖИМУ ВОЄННОГО СТАНУ

Abstract

Purpose. The purpose of the article is to analyse the peculiarities of the functioning ofadministrative court proceedings under the current legal regime of martial law. Methods. The methodology of the article is based on the use of general scientific, interdisciplinaryand special legal methods of cognition, including historical and legal, dialectical, sociologicaland comparative legal methods. These methods, in combination with the scientific principles ofcomprehensiveness of research, objectivity, scientific rigour and validity, provided a comprehensivestudy of the functioning of administrative justice under modern martial law.Results. The article emphasises that without proper access to justice, it is impossible to exercisea wide range of human rights. Having analysed the functioning of the judicial system, it can benoted that at the beginning of the full-scale invasion, there was a problem with the administrativeproceedings in the occupied territories. However, the judicial system was able to cope withthe challenges of reality and began to work in a modified format that takes into account thepeculiarities of martial law. The author analyses the relevant legal acts adopted by the VerkhovnaRada of Ukraine, recommendations of the Supreme Court and the Council of Judges of Ukraineaimed at ensuring accessibility and continuity of administrative proceedings under martial law. Itis argued that the functioning of administrative proceedings under martial law should continue,in particular, the consideration of administrative cases and their resolution should continue. Theauthor emphasises that practical steps should be taken to improve the situation in the field ofadministrative justice, which the Parliament is trying to eliminate by adopting amendments tolegislation. It is proved that changing the territorial jurisdiction of courts affects the functioningand accessibility of justice for citizens.Conclusions. The functioning of administrative court proceedings under the current martiallaw regime is characterised by the fact that the regime of a particular administrative court isdetermined individually, since it depends on the situation in a particular region. Accordingly, itcan be stated that the legislator takes into account the peculiarities of the martial law regime andintroduces procedural simplifications of administrative proceedings and changes in the territorialjurisdiction of administrative courts. In connection with the expansion of the subject matterjurisdiction in relation to the specifics of proceedings on claims filed by the territorial recruitmentand social support centre regarding the temporary restriction of Ukrainian citizens’ right to drivea vehicle during mobilisation, another category of public law disputes arises, in the course ofwhich the latest case law will be formed. The use of e-justice is an effective means of ensuringthe continuous functioning of administrative proceedings. In this regard, it is necessary to ensureinformation security mechanisms against cyber threats. The issue of creating legal mechanismsthat will more effectively implement fair, impartial and timely consideration and resolution ofadministrative cases, including access to justice and effective protection of the rights, freedomsand interests of citizens, is also relevant.