Current challenges in the functioning of courts in civil proceedings in the context of military conflict

The importance of this research stems from the need for a comprehensive study of these challenges, the establishment of their legal nature and scope, and the creation of recommendations to improve the functioning of the judicial system during armed conflict. The state's ability to deliver justice, even in wartime, is an exceptionally essential need for preserving public trust in governmental institutions and securing the rule of law. The aim of the research is to thoroughly analyze the current issues of court operations concerning civil justice amid the military conflict in Ukraine, to pinpoint the main legal and organizational difficulties encountered by the judicial system, and to develop actionable suggestions for bolstering the effectiveness and continuity of justice during an emergency. This piece examines the existing difficulties of judges' work in civil cases under martial law. The study shows that the military conflict in Ukraine has significantly complicated the operation of the civil justice system. The author describes the primary problems courts encounter while managing civil processes under martial law, encompassing adjustments to courts' territorial authority, displacement of judges and court staff, limited access to justice for people, obstacles in adhering to procedural deadlines, and challenges with implementing court rulings in the temporarily held territories. The characteristics of examination of civil cases under martial law are investigated. The author identifies the aspirations for improving the judicial process during armed conflict. The author also examines the judicial system's capability to adapt to post-war recovery and the restoration of justice in the de-occupied territories. The conclusions indicate that the pinpointed and systematized crucial issues that obstruct the effective execution of justice in demanding emergency circumstances allow formulating scientifically valid recommendations for enhancing the procedural and organizational backing of court operations under martial law, and will aid in the advancement of legal regulation. The practical significance of the study lies in the creation of specific proposals for improving the mechanisms of the judicial system in times of crisis. The results of the study can be used to develop regulatory changes and improve judicial practice.

court activity, civil proceedings, military conflict, territorial inaccessibility, legislation, digital technologies