PROCEDURAL FEATURES OF CONSIDERATION OF ADMINISTRATIVE DISPUTES IN THE COURT OF FIRST INSTANCE UNDER MARTIAL LAW

УДК 342.922

ORCID: 0000-0002-1419-0605

DOI 10.37566/2707-6849-2023-4(45)-13

PDF

Vasily ILKOV,

judge of the Dnipropetrovsk District Administrative Court, teacher of the National School of Judges of Ukraine, doctor of legal sciences, professor, LLM

PROCEDURAL FEATURES OF CONSIDERATION OF ADMINISTRATIVE DISPUTES IN THE COURT OF FIRST INSTANCE UNDER MARTIAL LAW

         After the introduction of martial law, it was necessary to indicate the features and procedure of justice in the territory where martial law was introduced, and which should be used during the consideration of cases by administrative courts.

The issue remains unresolved in the parliament regarding the introduction of amendments to the procedural codes for the work of the courts, which are conditioned by the introduction of martial law.

In the conditions of martial law, the question arises as to the term of filing a claim with the court, the statute of limitations, and the term sufficient, taking into account the circumstances of the case, to carry out a certain procedural action, demand evidence, and question witnesses from a military unit that participates in hostilities on the line front and their receipt and simultaneous consideration of the case «within reasonable time».

The number of administrative cases in 2023 tripled compared to previous years.

Administrative courts during martial law directly perform the functions of military courts, which have been liquidated.

During martial law, there is a situation where it is not possible to send postal messages to the parties to the case and to notify the participants of the process properly.

Procedural issues regarding the peculiarities of sending administrative proceedings under martial law require improvement regarding the statute of limitations for appeals to the court, calculation and extension of time limits; suspension of proceedings; consideration of complex public legal disputes involving military personnel and law enforcement officers; demand of evidence, interrogation of witnesses; resolution of summonses, notices, delivery of decisions to the parties in the case during martial law.

Key words:martial law, procedural terms, suspension of proceedings, notification of the parties, demand for evidence.

References

Information of the Department of Analytics and Judicial Statistics of the Dnipropetrovsk District Administrative Court as of November 31, 2023. [ukr.]

On the legal regime of martial law: Law of Ukraine dated May 12, 2015 No. 389VIII. URL: https://zakon.rada.gov.ua/laws/show/38919 [ukr.]

Peculiarities of the administration of justice in the territory where martial law has been imposed. March 04, 2022. URL: https://supreme.court.gov.ua/supreme/prescentr/news/1261727 [ukr.]

Administrative Judicial Code of Ukraine: text adopted by the Verkhovna Rada of Ukraine on July 6, 2005: (with changes and additions). URL: http://zakon5.rada.gov.ua/laws/show/274715 [ukr.]

Resolution of the Supreme Court dated February 27, 2023 in case No. 380/7845/21. URL: https://reyestr.court.gov.ua/Review/109224997 [ukr.]

Decision of the Dnipropetrovsk District Administrative Court dated May 8, 2023 in case No. 160/7265/23. URL: https://reyestr.court.gov.ua/Review/110945761 [ukr.]

Resolution of the Supreme Court dated February 1, 2023 in case No. 560/5541/20. URL: https://reyestr.court.gov.ua/Review/108724499 [ukr.]