IMPACT OF THE LEGAL REGIME OF MARTYR STATE ON THE IMPLEMENTATION OF ADMINISTRATIVE JUSTICE

Abstract

The study discusses the peculiarities of the implementation of administrative justice caused by the legal regime of martial law and the full-scale armed aggression of the Russians against Ukraine. It is noted that a peculiarity is the need to change the territorial jurisdiction of court cases due to the inability of administrative courts to exercise their powers (the reasons are occupation or proximity to the line of combat contact). For this purpose, on 03.03.2022, the Law of Ukraine “On Amendments to Part Seven of Article 147 of the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the Determination of the Territorial Jurisdiction of Court Cases” was adopted (provides for the possibility of changing the territorial jurisdiction of court cases by decision of the High Council of Justice, adopted upon the submission of the Chairman of the Supreme Court, by transferring it to the court that is most territorially close to the court that cannot administer justice, or to another designated court); The next feature is the need to make significant changes to the procedural legislation of Ukraine in connection with hostilities and the involvement of Ukrainians in the ranks of the Armed Forces of Ukraine, since new social relations atypical for peacetime arise (if a participant in the process is captured by the Russians, etc.). That is, after the full-scale armed aggression of the Russians against Ukraine, a new significant layer of social relations related to the war and its impact on the lives of Ukrainians appeared, which must be regulated by regulatory acts. Another feature of the new reality of the operation of the legal regime of martial law is a wide range of social relations associated with the consideration in administrative courts of cases related to ensuring the measures of the legal regime of martial law or their violations by citizens of Ukraine. Local courts are receiving a large number of lawsuits to declare illegal and cancel resolutions imposing administrative penalties in the form of a fine under Part 3 of Article 210-1 of the Code of Administrative Offenses (violation of the legislation on defense, mobilization training and mobilization).