Реалізація засади доступу до правосуддя у кримінальних провадженнях в умовах збройної агресії

Abstract

Criminal proceedings, principle of access to justice, armed aggression, martial law, remote judicial proceedings, war crimes, special pre-trial investigation, court transfers, international humanitarian law, right to a fair trial. The article is devoted to the study of the features of the implementation of the principle of access to justice in criminal proceedings in the conditions of armed aggression that have developed in Ukraine. The main obstacles that arise during the functioning of the criminal justice system in wartime are considered, in particular: physical destruction of judicial infrastructure, security problems of participants in criminal proceedings, displacement of a significant number of people, complications in collecting evidence and conducting procedural actions. The normative and legal changes that were adopted to adapt the criminal process to work in conditions of armed conflict are analyzed. Particular attention is paid to the issues of remote judicial proceedings, documentation of war crimes, the application of special procedures for pre-trial investigation and trial. The problems associated with the implementation of procedural guarantees of participants in criminal proceedings in special conditions are highlighted, in particular, ensuring the right to defense, the right to appeal procedural decisions, and compliance with reasonable deadlines for considering cases. The domestic practice of moving courts from temporarily occupied territories and territories close to the combat zone is studied, as well as the organization of the work of justice bodies in conditions of frequent air raids and limited energy supply. Innovative approaches to ensuring the continuity of the judicial process through the use of backup energy sources, the creation of protected server rooms for storing electronic case materials, as well as the development of mobile courts are considered. The experience of other countries that faced similar challenges in conditions of armed conflicts, in particular Bosnia and Herzegovina, Georgia, Croatia, and the possibilities of its adaptation to Ukrainian realities are analyzed. The role of international organizations in supporting the Ukrainian justice system, documenting war crimes, and facilitating the prosecution of perpetrators is highlighted. Based on the analysis of international experience and national practice, a number of recommendations are proposed for improving legislation and practical mechanisms for ensuring the principles of access to justice in conditions of armed aggression.