REGULATORY AND LEGAL FRAMEWORK FOR THE REPRESENTATION OF MILITARY UNITS OF THE STATE BORDER GUARD SERVICE OF UKRAINE IN JUDICIAL PROCEEDINGS UNDER THE LEGAL REGIME OF MARTIAL LAW

Abstract

This article provides a comprehensive analysis of the regulatory and legal framework governing the representation of military units of the State Border Guard Service of Ukraine in judicial proceedings under the legal regime of martial law, introduced by Presidential Decree of Ukraine No. 64/2022 of 24 February 2022 and extended by Presidential Decree of Ukraine No. 40/2026 of 12 January 2026, approved by Law of Ukraine No. 4757-IX of 14 January 2026. The study focuses on identifying the specific features of the legal status of military units of the State Border Guard Service of Ukraine as subjects of public law, as well as the particularities of their exercise of the right to judicial protection through the institution of procedural representation. The system of normative legal acts regulating the activities of the State Border Guard Service of Ukraine, as well as administrative, civil and commercial proceedings under martial law, is analyzed. Special attention is paid to the provisions of procedural legislation concerning the participation of military authorities and military formations in judicial disputes. The impact of martial law on access to justice and the transformation of procedural forms and mechanisms for protecting the rights and legitimate interests of military units is examined, in particular the introduction of remote judicial proceedings, changes in territorial jurisdiction, specific features of the calculation and suspension of procedural time limits, and restrictions on the use of information with restricted access. A number of problematic aspects of judicial representation of military units of the State Border Guard Service of Ukraine are identified, including asymmetry of access to justice due to the performance of combat and special tasks, organizational and staffing challenges faced by legal services, multiplicity of representation subjects, and risks of violating the principles of adversarial proceedings, equality of arms and legal certainty. The necessity of improving the regulatory and legal framework is substantiated, taking into account the balance between the imperatives of national security, the effective functioning of the security and defense sector, and compliance with constitutional guarantees of fair trial. Proposals are formulated for the development of special procedural regulation of the participation of military units in judicial proceedings under martial law, in particular through clarification of the powers of representatives, unification of procedural mechanisms, limitation of the periods for suspension of proceedings, and strengthening of institutional guarantees for the judicial protection of public interests.