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Judiciary and legal proceedings under martial law

Oleksandr Muzychuk,Iryna Shopina, Irina Syadristaya, Yurii Myroshnychenko

LEX HUMANA(2023)

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摘要
The article is devoted to the topical issues of the influence of the legal regime of martial law in Ukraine on the judiciary and legal proceedings in the country. The issues related to the organization of the judicial system, the conduct of trials and the provision of justice during martial law are considered. The challenges faced by courts during hostilities are analyzed, including those that negatively affect the limitation of guarantees of justice, the speed of court processings, the protection of human rights and freedoms, etc. With the aim of forming promising ways of improving the implementation of the judicial process in the conditions of martial law, the experience of countries that faced martial law throughout their history was studied. Various models of judiciary are highlighted, which can be used to ensure the right to a fair trial and the effective functioning of the system of legal proceedings in wartime. Attention is drawn to the need to ensure the independence of the judicial system, compliance with the principle of justice and equality of all before the law, even under martial law.
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关键词
Legal proceedings,Judiciary,Martial law,Legal regime,Restriction of civil liberties,Speed of court proceedings,Rule of law
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