До проблем конституційно-правового регулювання засад судової влади України в умовах війни

English

Addressing the problems of constitutional and legal regulation of the judiciary principles in Ukraine under war conditions

Abstract. Introduction. The constitutional regulation of the judiciary is a crucial component of the legal framework of any democratic state. In Ukraine, these principles are enshrined in the Basic Law, which establishes the essential tenets of judicial independence, equality of all citizens before the law, and access to justice. These norms form the foundation for the effective functioning of the judiciary and guarantee the fair protection of citizens’ rights and freedoms. Martial law and the occupation of parts of Ukrainian territory necessitate not only a reconsideration of existing constitutional and legal norms but also their adaptation to new realities. According to scholars, the modern judiciary requires more flexible mechanisms to ensure its stability and effectiveness, especially under crisis conditions. Purpose. The objective of this study is to analyze the impact of current challenges, including military actions, on the functioning of Ukraine's judiciary, and to propose recommendations for improving constitutional and legal norms to ensure the stability of the judiciary and guarantees of justice. Materials and methods. The research materials include legal acts, international documents, and scholarly works. The study was conducted using general scientific methods such as the dialectical, systematic, logical, legal modelling and generalization. Results. The article highlights specific issues in the constitutional and legal regulation of the principles governing Ukraine's judiciary in wartime. Moreover, it emphasizes that constitutional principles of the judiciary are key to ensuring the rule of law. They define the main aspects of court operation, the legal status of judges as well as guarantees of their independence, and also regulate the procedures for protecting citizens' rights and freedoms through justice. The conclusion is drawn that the existing legal norms require updating to guarantee citizens’ legal protection and uphold fundamental principles of justice in a time of large-scale war. The problems faced by the judiciary affect the entire territory of Ukraine, however, they are particularly acute in occupied and frontline areas where access to justice is significantly restricted or nonexistent. Recommendations are provided to improve constitutional and legal norms to ensure judicial stability and guarantees of justice, which include strengthening the independence of judges through additional legal safeguards, ensuring financial independence of the judiciary by establishing stable and autonomous funding for courts, and implementing mobile courts to promptly respond to the legal needs of the population. Discussion. It is suggested that further research should focus on analyzing the impact of martial law on judicial practice in Ukraine, particularly regarding the effectiveness of access to justice, the protection of citizens’ rights, and changes in the interpretation of legal norms under wartime conditions. It is particularly relevant to study the adaptation of the judicial system to the crisis conditions and the possible introduction of a new legal instrument to protect affected citizens.

Keywords: constitution; judiciary; rule of law; human rights; military actions