Access to administrative justice in martial law

Abstract

The article defines the legal mechanism of access to justice in martial law. The first part analyzes the problems with access to justice related to the introduction of martial law. The second part deals with the use of electronic means to ensure access to administrative justice. The third part reveals the role of administrative justice in ensuring human rights and freedoms in martial law. It is concluded that with the introduction of martial law the right to judicial protection cannot be limited, and the state has a positive obligation to provide the widest possible access to justice, in particular through electronic document management and video conferencing with the authorization of participants with an electronic signature. The introduction of elements of e-government better ensures the activities of administrative jurisdiction, because with the proper authorization of the participants in the process, allows for a court hearing by videoconference. Also, the improvement of access to administrative proceedings is facilitated by the provision of electronic document management, in particular the execution of case materials in electronic format, which is allowed by the current Code of Administrative Procedure of Ukraine. Analysis of the peculiarities of administrative courts in martial law shows that administrative proceedings are possible by videoconference, the participation of judges remotely in court is carried out in exceptional cases where there are real and insurmountable obstacles to access to the workplace. Under martial law, it is possible to move a court to another location in connection with hostilities or the temporary occupation of the territory in order to ensure the continuity of justice, including the security of judges.