IMPLEMENTATION OF THE PRINCIPLE OF ACCESS TO JUSTICE IN CRIMINAL PROCEEDINGS UNDER CONDITIONS OF ARMED AGGRESSION

Abstract

The article is devoted to the study of the peculiarities of implementing the principle of access to justice in criminal proceedings under the conditions of armed aggression in Ukraine. It examines the main obstacles to the functioning of the criminal justice system during wartime, including the physical destruction of judicial infrastructure, security issues for participants in criminal proceedings, the displacement of a significant number of people, difficulties in evidence collection, and challenges in conducting procedural actions.

The article analyzes legislative changes introduced to adapt the criminal process to the realities of armed conflict. Special attention is given to issues of remote judicial proceedings, documentation of war crimes, and the application of special pre-trial investigation and trial procedures. The challenges related to ensuring procedural guarantees for participants in criminal proceedings under extraordinary conditions are highlighted, including the right to defense, the right to appeal procedural decisions, and compliance with reasonable timeframes for case consideration.

The study explores national practices regarding the relocation of courts from temporarily occupied territories and areas near combat zones, as well as the organization of judicial bodies under conditions of frequent air raid alerts and limited energy supply. Innovative approaches to ensuring the continuity of judicial processes are considered, such as the use of backup power sources, the creation of secure server rooms for storing electronic case materials, and the development of mobile courts.

The article also analyzes the experience of other countries that have faced similar challenges during armed conflicts, including Bosnia and Herzegovina, Georgia, and Croatia, and the possibilities of adapting their experience to the Ukrainian context. The role of international organizations in supporting Ukraine’s justice system, documenting war crimes, and facilitating the prosecution of perpetrators is also discussed.

Based on an analysis of international experience and national practice, the article proposes a set of recommendations for improving legislation and practical mechanisms to ensure access to justice under conditions of armed aggression.