ABOUT SOME ISSUES OF THE EXECUTION OF CIVIL PROCEEDINGS IN THE CONDITIONS OF MARTIAL LAW

This article is aimed at an analysis of the implementation of civil justice in the conditions of martial law, taking into account features that may arise in view of the temporary occupation, the conduct of active combat action, and the restoring of court activities as a result of de-occupation. For full awareness and understanding of the subject of our research, considerable attention was paid to some legislative acts, which make it possible to understand the essence of the changes that were made as a result of a full-scale war and the need to adapt legislation to wartime conditions. In addition, during the study, this problem was analyzed in the context of Article 6 of the European Convention on Human Rights and it was emphasized that all emergency changes that may be made should not violate the right to a trial provided by this convention. The article analyzes the correlation between the concepts of procedural law analogy and «adjustment» of current procedural norms to new realities. Considering the fact that there is no analogy in the process at the legislative level, the recommendations given by the Council of Judges of Ukraine regarding the adaptation of the current procedural norms can be perceived as an analogy, in view of this, the question of the correlation of these legal aspects was analyzed. During the research, considerable attention was paid to the change of territorial jurisdiction due to the conduct of combat action and the impossibility of functioning of the courts. The procedure, order and features of such changes are analyzed. The article examined the principles of civil justice and the importance of their observance during the implementation of civil justice in the conditions of martial law. The principles of «procedural economy» and the reasonableness of terms significantly contribute to increasing the efficiency and effectiveness of court activities. In support of many opinions and statements, judicial practice was analyzed, which additionally interpreted the issue and provided clarification of many components of the problem under study. During the study, conclusions were drawn regarding the need for constant improvement of the implementation of civil justice in the conditions of martial law, as this issue is still not fully settled and may cause many issues and misunderstandings in practice.