ACTIVITIES OF COURTS UNDER MARTIAL LAW

Viktor OLIYNYK

OLIYNYK V. (2023), ACTIVITIES OF COURTS UNDER MARTIAL LAW,
Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, №3, 51-57

DOI: 10.31733/2078-3566-2023-3-51-57

 

ABSTRACT. The article deals with studying the specifics and latest trends in organizing court activities under martial law in Ukraine based on an understanding of the organizational and functional principles. Processes in the Ukrainian state should be directly addressed to diverse and functionally oriented state institutions, that is, courts and other institutions of the judicial power of Ukraine. The article presents a dynamic manifestation of trends in organizing the activities of the Ukrainian state, where the justice system, following the current legislation, is presented as a self-governing institution of the entire national legal system.

The study of prerequisites for the need for changes and development of the national judicial system at the current stage is compared. An indisputable positive factor in changing the organization of the work of courts in Ukraine under martial law is the intensification of law-making work in ensuring law enforcement of court activities. At the same time, it should be noted that legislative initiatives regarding such a vital legal institution require a balanced approach, theoretical justification, and compliance with standards, including international ones. Thus, the systematic construction of the organization of the work of the judiciary and the implementation of its activities, based on the priority of protecting the rights and freedoms of the man and the citizen, reflects the strategic line of Ukraine aimed at the formation of a modern civil society and the rule of law. This, in turn, requires further improvement of the legal framework of courts as an effective law enforcement system in Ukraine. Legislative regulation of the organization of court work needs improvement. Still, its vectors should be determined based on practical and scientific conclusions regarding the practicality and content of such reform.

The reform of the organization of the work of the courts should include, among other things, increasing the role of the judicial authorities, the Supreme Council of Judges of Ukraine, and the entire judiciary, as well as be based on the objective needs of improving the legislative regulation of the functioning of the judiciary and judicial self-government. The conclusions of the article indicate that the organizational structure of the judiciary and the activities of courts under martial law, which is based and functions on specific priorities for the protection of individual rights and freedoms, may reflect one of Ukraine’s strategic directions aimed at creating a modern civil society and the rule of law. The main emphasis of the article is on further improving the legislative foundations of the judicial system and the judiciary as an effective judicial body of the judicial system of Ukraine.

Keywords: organization, judicial bodies, activities of the State Security Service, the Supreme Council of Justice, martial law, territorial jurisdiction, financing of courts.

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