The Access to Administrative Justice during Wartime

Abstract

The article is devoted to the study of the issue of access to justice during the war, as it stipulated by the other conditions for the implementation of justice in the state. Active hostilities are taking place in most regions of Ukraine, which makes it impossible to administer justice in administrative courts. However, the Supreme Council of Justice has resolved this issue properly, so the access to justice in Ukraine is currently available and the opportunity to defend one's violated right in accordance with the Constitution of Ukraine is guaranteed. Courts are obliged to implement justice even under state of war, and their powers are not suspended. In order to ensure access to the court, the Supreme Court changed the territorial jurisdiction of about one hundred courts of Ukraine. In connection with the introduction of state of war in Ukraine, all procedural terms are renewed, case consideration is not stopped, and excessive formalism by the judges is not allowed.
 An attention is drawn to the fact that access to court is an integral element of the right to a fair trial, but such access must be effective. In the conditions of war, the Council of Judges of Ukraine recommends postponing the consideration of cases. Attention is focused on the fact that remote justice ensures better safety of participants in the legal process. According to the author, it is necessary to take care of the safety of court employees and give them the opportunity to work remotely. It is noted that electronic proceedings ensure full access to justice. The demand for remote justice is growing, access to the court is improving, as it is possible to participate in the court session even outside the court.
 The article analyzes the decision of the HUDOC and based on this, the author comes to the conclusion that the HUDOC considers financial costs as an obstacle to access to justice. Access to court is effective only if a person has a real opportunity to challenge wrongful actions in practice. According to the HUDOC, the construction of Art. 6 of the Convention is effective only if the case will be considered in court. The HUDOC highlights the right to access the court as a component of the right to a fair trial. Attention is drawn to the fact that the courts must take all measures to restore the violated right.