Termination of the proceedings in administrative cases in the conditions of the regal regime of martial law

Abstract

The article is devoted to the issues of the relevance of procedural legislation during martial law and the possibility of conducting administrative proceedings by courts under the existing legal regulation.
 The norms of the current legislation, which regulate the issue of suspension of proceedings in administrative proceedings and the effectiveness of their application in the conditions of the introduction of the legal regime of martial law on the territory of Ukraine, have been studied. The authors draw attention to the fact that under the conditions of the legal regime of martial law in Ukraine, courts are faced with the problem of changes in the performance of their functions by subjects of authority, in the work of legal entities, changes in the place of residence/stay, and the presence of the parties to the administrative process in the territories , temporarily not under the control of Ukraine, the lack of communication with the participants in the case makes it impossible for the court to consider existing cases, while the procedural legislation does not provide for the possibility for the court to get out of the conflict situation, without violating the rights of the participants in the process or the terms of consideration of the case. The article considers the cases of the possibility of stopping the proceedings in administrative cases, in cases in which their consideration during the martial law becomes impossible without observing the basic principles of judicial procedure, in particular, staying in the territory temporarily not under the control of Ukraine, the transfer of the participant in the case - the subject of the authorities in a simple , if one of the parties or a third person is a military unit, a military serviceman in cases where such persons are in a combat zone, when the place of registration is located in a territory temporarily not under the control of Ukraine, being in captivity or being declared missing; stay in the service or assigning the participant to the subjects involved in rescue and other work aimed at eliminating the consequences of military aggression.
 The provisions of Clause 5, Part 1, Art. 236 of the Code of Administrative Procedure of Ukraine and it is emphasized that the legislator, when choosing the wording of the specified article, chose the term "is in the composition" and not "is serving in the composition", which indicates the universality of the specified norm for both individuals and legal entities, in particular military units .
 Ways to solve the issue and changes that can be made to the current legislation to get out of the conflict situation without violating the rights of the participants in the process or the terms of the case are proposed.