Legal regulation of economic justice in the condi tions of martial law

Abstract

The article is devoted to the analysis of current national legislation and judicial practice in the field of economic justice in the conditions of martial law.
 The authors established that the large-scale invasion of Ukraine by the Russian Federation and the introduction of a legal regime of martial law led to the emergence of a number of problems related to the implementation of economic justice in today's conditions. It is noted that the activity of commercial courts is carried out with certain restrictions due to the challenges of martial law.
 It is emphasized that the issue of the activities of the courts located in the territories where hostilities are actively taking place and in the occupied territories is problematic.
 The article analyzes the remote operation of commercial courts. At the same time, the authors believe that the remote work of courts is much safer, since there is less crowding of people in one place (in the case of courts - the courtroom) than during the normal work of the court.
 The issue of renewal of economic procedural terms was studied, in particular, determination by the court of the validity of the reasons for skipping economic procedural terms, while such reasons are an evaluative category, as they are recognized by the courts subjectively and at their own discretion. Considered judicial practice regarding the recognition of the introduction of martial law on the territory of Ukraine as a valid reason for the renewal of economic procedural terms.
 The authors draw attention to the issue of postponement of the case, namely, the need to recognize the announcement of the "air alarm” signal as one of the reasons for the postponement of the court's consideration of the case.
 In the conclusions, it is noted that in the conditions of the introduction of the martial law regime, economic justice does not stop its activity, but some of its aspects have changed, because during the operation of the legal regime of martial law, economic justice is carried out taking into account the challenges caused by the present.