THE IMPACT OF FORCED MIGRATION IN UKRAINE DURING THE MARTIAL LAW REGIME ON THE RIGHT TO JUSTICE AND A FAIR TRIAL: THEORETICAL AND LEGAL ASPECTS

Abstract

This article discusses the challenges faced by the judiciary in Ukraine during the legal regime of martial law in the context of significant forced migration of the population. It proposes to investigate the factors that influence access to justice for internally displaced persons and refugees who have left the territory of Ukraine.

Particular attention is paid to the analysis of the theoretical and legal aspects related to the realization of the right to judicial protection and a fair trial, as well as the specifics of ensuring these rights under the legal regime of martial law and hostilities.

A separate aspect to be studied in this article is the current judicial practice that determines the criteria for a fair trial and the right to access justice. The practice of national courts and international courts, whose decisions are binding on Ukraine on the basis of international agreements ratified by the Verkhovna Rada of Ukraine, is examined.

The article considers the problems of territorial inaccessibility of courts, insufficient legal protection, discrimination, and information barriers for persons who have been forced to leave their places of residence. Conclusions are drawn regarding the need to improve legislation and develop mechanisms to ensure effective access to justice for the most vulnerable categories of citizens during martial law.

The article also examines methods and mechanisms for minimizing the risks that arise in the context of mass migration for access to justice. It explores the potential of the digital transformation of the judicial system as a tool for expanding access to justice for internally displaced persons and refugees from Ukraine. The possibilities of using the Unified Judicial Information and Telecommunication System (ESITS) – the "Electronic Court" as an effective tool for providing remote access to justice are also considered.