Гарантії справедливого суду в умовах збройного конфлікту: кримінально-процесуальний аспект

Abstract

The research paper is devoted to a comprehensive study of the issue of ensuring fair trial guarantees in the context of armed conflict from the perspective of criminal procedural law. The paper explores the fundamental challenges faced by the judiciary during armed conflict, analyzes international legal standards and national mechanisms for protecting the right to a fair trial. Particular attention is given to the correlation between the norms of international humanitarian law and international criminal law with the national criminal procedural legislation. The study examines issues related to access to justice in areas affected by armed conflict, the collection and assessment of evidence under conflict conditions, and the peculiarities of ensuring judicial independence and impartiality. It also highlights aspects of procedural protection for witnesses and victims of war crimes, as well as the specifics of adhering to reasonable timeframes for trial under extreme conditions. The work analyzes the institutional and procedural adaptations necessary to ensure fair justice in the context of limited resources and security threats. Based on the study of international experience and analysis of judicial practice, particularly the decisions of the European Court of Human Rights, the paper proposes conceptual approaches to improving criminal procedural legislation and its application. A critical analysis is provided of the effectiveness of extraordinary procedural mechanisms introduced into Ukrainian legislation since the start of the full-scale invasion, as well as their compliance with Ukraine’s constitutional guarantees and international obligations. The study also contains recommendations for the implementation of innovative technological solutions to ensure the continuity of judicial proceedings and the protection of participants in criminal cases. It outlines proposals for the development of special procedures for investigating and adjudicating war crimes and crimes against humanity, as well as transitional justice mechanisms. A systematic approach to documenting war crimes with the involvement of international experts is proposed to ensure the admissibility of evidence in both national and international judicial bodies. The results of the research have theoretical significance for the development of the doctrine of criminal procedural law in the context of armed conflicts and practical importance for improving legal regulation and law enforcement practice.