ENSURING ACCESS TO JUSTICE IN CASES CONCERNING THE PROTECTION OF THE RIGHTS, FREEDOMS, AND INTERESTS OF MILITARY PERSONNEL AND CONSCRIPTS: CURRENT ISSUES IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The article analyzes the protection of the right of servicemen and reservists to access to justice through the lens of international standards and the case law of the European Court of Human Rights (ECtHR).Access to justice is defined as a cornerstone of the rule of law and an essential international standard for the protection of human rights. It is emphasized that the specific nature of military service may necessitate restrictions on this right, which must be lawful, proportionate, and pursue a legitimate aim. The article outlines guarantees of access to justice enshrined in international law, including provisions of humanitarian law, human rights law, and the jurisprudence of international judicial bodies. It examines ECtHR cases such as Golder v. the United Kingdom, Airey v. Ireland, Engel and Others v. the Netherlands, Kalaç v. Turkey, and Matelly v. France, which have shaped standards of court access for servicemen. The paper also reviews cases against Ukraine (Church of Sosulivka Village v. Ukraine, Merit v. Ukraine, Chuykina v. Ukraine, UKRKAVA, TOV v. Ukraine), which reveal problems related to jurisdictional, temporal, procedural, and financial barriers. It is highlighted that the ECtHR consistently requires ensuring not only formal but also real and effective access to justice, including the enforcement of court decisions. The author argues that, in the context of the prolonged armed conflict, Ukraine needs a new model of court access for servicemen that would combine the adaptation of legislation and judicial practice to international standards and the conditions of martial law. The conclusion stresses the need to develop a unified judicial practice that would strengthen trust in the legal system and facilitate compliance with Ukraine’s international human rights obligations. The materials of the article are of both theoretical and practical significance for improving regulation and protecting the rights of servicemen in court.