Guarantees For Participants Of Civil Judicial Proceedings In Ukraine Under Martial State

Abstract

The scientific article analyzes the problems associated with ensuring guarantees for participants in civil proceedings under martial law. The definition of procedural guarantees for participants in civil proceedings is formulated. It is concluded that the guarantees for participants in civil proceedings, which cannot be absolute under martial law, include: adaptation of the schedule and working conditions of courts to the current situation and prompt response to its change; postponement or withdrawal of the case from consideration due to the inability of the participants in the case to arrive at the court session due to danger to life or a similar threat to court employees; ensuring the right to file an application for postponement of the consideration of the case due to active hostilities, as well as the right to consider the case in videoconference mode; priority in considering urgent cases; restrictions on personal reception of citizens and admission of third parties to court sessions; restrictions on access of participants in the process to some e-resources that allow monitoring the status of the consideration of cases; use of electronic court and integrated information platforms to ensure rapid data exchange between participants in the trial and preservation of evidence in the proper format; recognition of the introduction of martial law as a valid reason for the renewal of procedural deadlines. It is emphasized that the content and form of proceedings in civil cases must meet the objectives and basic principles of civil proceedings, taking into account the specifics of such proceedings. It is noted that the complexities of the introduced special legal regime of martial law accelerated the reorganization of the judicial system of civil proceedings in Ukraine, and determined the "remote" form of conducting the trial, prompted the development of a mechanism for extending the terms of general and special statutes of limitations, which contributed to improving access to justice, and made it possible to resolve certain judicial personnel issues, which to some extent accelerated the consideration of civil cases.