Administrative and legal status of subjects implementing the state policy of Ukraine in the field of justice under the legal regime of martial law

Abstract

The article examines the administrative and legal status of subjects of justice under the legal regime of martial law in Ukraine. It assesses how the introduction of martial law changes the functioning of judicial and law enforcement bodies, their powers and mechanisms for administering justice under extraordinary circumstances. Methodology. The scientific research is based on both general and special methods of scientific knowledge. In particular, the method of documentary analysis and formal-legal and analytical methods have been used in the process of analysing the provisions of individual regulatory legal acts, international documents, as well as the works of domestic scientists, which provide a comprehensive analysis of these provisions. Structural-logical and system-functional methods have been used to ensure a comprehensive study and systematic analysis of the introduction of martial law on the administrative and legal status of judicial bodies, prosecutor’s offices and other justice bodies in Ukraine; to assess changes in the mechanisms for the implementation of justice and the powers of justice bodies in conditions of restrictions on rights and freedoms; to identify problems arising in connection with the adaptation of judicial practice to the conditions of martial law; to analyse the legal and organisational aspects of ensuring human rights during martial law; to study the role of international norms and standards in ensuring justice under martial law; to consider the issue of digitalisation of administrative processes in justice bodies under conditions of restrictions on physical presence; to identify areas for improving regulatory and legal regulation to ensure the effective functioning of justice in the context of an emergency legal regime. Results. The article examines the issue of adapting legal norms to new conditions, identifies the limits of the powers of justice subjects, as well as balancing between ensuring security and protecting human rights. It highlights the need to improve the legislative framework for effective regulation of the activities of justice bodies during martial law, as well as the integration of international standards into national legislation. The article also focuses on the importance of maintaining the independence of judges and prosecutors under the restrictions that arise during martial law and on the need to ensure justice under conditions of high risk to national security. Separately, the issues of security of justice are considered, in particular through the activities of the Court Security Service and the role of local governments in ensuring law and order and implementing decisions of central authorities. The article notes that an important condition for the stability of justice is a prompt response to violations of citizens’ rights and the preservation of fundamental human rights even during emergencies. Prospects for further research include the development of clear recommendations on the regulatory regulation of the powers of justice bodies, the improvement of judicial practice under martial law, and the study of the role of digitalisation of administrative processes in justice, which will contribute to ensuring access to justice even during restrictions arising from martial law and will help maintain the stability and fairness of the judicial system of Ukraine.