Transitional justice as a means of restoring violated human rights in the conditions of special legal regimes

The article examines the institution of transitional justice as a means of protecting and restoring human rights during the operation of special legal regimes and after their termination, which is relevant in modern conditions, based on the presence of martial law in Ukraine. The purpose of the work is to clarify the theoretical and legal features of the constituent elements of the institution of transitional justice, to highlight possible variations of their use and combination in Ukraine. To achieve the goal, the work uses a system of methods of scientific knowledge, including general scientific and special legal methods. The practical value of the study lies in highlighting the elements of transitional justice that can be used in the Ukrainian model to restore violated human rights as a result of the war. Thus, the given issue has recently been actively considered in Ukraine in the context of preparation for the transitional period, as well as, directly, current actions to overcome the consequences of the war in Ukraine, legal regulation of the processes of de-occupation and reintegration of the occupied territories. Among the lawyers of the theoretical and practical field of activity, there are discussions about the future implementation of the provisions of the draft law "On State Policy of the Transitional Period". It was concluded that in the Ukrainian model of transitional justice today, it is possible and effective to use only certain constituent elements, since the trial in Ukraine is still ongoing. For example, the collection, systematization and keeping of clear records of information, judicial review of cases of suspects in the commission of war crimes, provision of maximum moral and material assistance to the victims - actions that should be taken today by the Ukrainian government at the state level and local self-government bodies at the municipal level. Conversely, measures such as institutional reforms and general reparations are logically impossible in the absence of an end to the conflict, because reform and reparations require a clear understanding of the extent of damage and the overall consequences of hostilities. The issue of the application of amnesty as a component of transitional justice also requires a separate study, since the release of persons from criminal liability during the ongoing conflict contains the danger of further criminal activity and the creation of new threats to the state sovereignty and independence of Ukraine

Doi: 10.31359/1993-0909-2022-29-4-53