In this scientific article, author reveals the features of civil proceedings under martial law. In particular, the legal grounds for a temporary change in the territorial jurisdiction of those courts located in temporarily occupied territories or territories where active hostilities take place are analyzed. The following issues are identified as problematic in this context: the implementation of automated redistribution of cases when they are transferred to other courts, an increase in the workload of judges, adequate material support, as well as resolving the issue of the return transfer of cases in the event of the deoccupation of the territory and the restoration of the work of the courts. The article also reveals the issues of restoring lost court proceedings. The author considers the approval of a new procedure for the recording of court sessions to be a positive step, in particular, the storage of files with sound recordings in a centralized data storage, which in the future may facilitate the restoration of lost court proceedings. The issue of the efficiency of civil proceedings remains an important aspect. This may be facilitated by an increased number of cases considered in the simplified claim procedure, the digitalization of civil proceedings, in particular, holding court sessions in the videoconference mode, and the active use of the “Electronic Court”. At the same time, an important guarantee is compliance with procedural deadlines. The author supports the position that the introduction of martial law is not an unconditional basis for the renewal or extension of procedural deadlines. There must be a causal connection between military actions in the state and failure to appear at the court session, confirmed by appropriate evidence. Proper notification on the participants is another problematic aspect. It is noted that notification of the participant in the case by placing an announcement on the official web portal of the judiciary of Ukraine, although is a legal method, but ineffective. It is proposed to establish the current location of a person also according to the data of the register of internally displaced persons.
Olena Terekh (Mon,) studied this question.