THE CONSTITUTIONAL RIGHT TO A FAIR TRIAL UNDER MARTIAL LAW

Abstract

The article is devoted to the specifics of the exercise of the right to a fair trial under martial law. The author draws attention to the fact that, on the one hand, the legal regime of martial law causes difficulties in exercising the right to a fair trial, on the other hand, domestic legislation contains a provision that justice in the territory where martial law is imposed is carried out exclusively by courts and any which shortening or speeding up judicial proceedings is prohibited. The article emphasizes that the difficult situation in our country associated with military aggression makes it necessary for the judicial system to administer justice in accordance with international standards and constitutional principles, guided by the rule of law and ensuring a person’s right to a fair trial. Attention is drawn to the fact that the right to a fair trial is recognized as one of the most important in the system of human rights. It is concluded that the provision of justice in the conditions of martial law requires not only ensuring the availability of the judicial system for everyone, consideration of the case according to the established procedure by an independent and impartial court, but also the creation of favorable conditions for the work of judges and courts of Ukraine. This is a complex task, the solution of which requires the state to take various administrative, financial and other measures, among which the main importance is the creation of an appropriate legal framework, the formation of the unity of judicial practice, the application of the rule of law in the adoption of court decisions and the practice of the European Court of Human Rights. The article states that in peacetime and wartime, judges must comply not only with the requirements of the law, but also strictly comply with the requirements of the procedural codes, while administering justice, taking into account military actions and their consequences in Ukraine. It is concluded that even in extraordinary legal circumstances, the judicial system must continue to administer justice on the basis of the rule of law and justice, ensuring that individuals have the right to legal protection and a fair trial. It is proved that the work of the judicial system should not be limited, except in cases where it is actually impossible to fulfill the powers.