Some Issues of the Administrative Proceedings Implementation Under the Martial Law

The article is devoted to the peculiarities of administrative proceedings during the period of martial law, in particular to issues of jurisdiction and terms of appeal to the administrative court. It has been analyzed that according to the norms of the Basic Law, in the conditions of martial law and state of emergency, the right of a person to judicial protection cannot be limited, hence - the need for the functioning of the judicial system during the period of martial law is key, because it is at this time that there is a high probability of violation of the rights and freedoms of citizens. According to the legislation, justice in the territory where martial law is imposed is carried out only by courts, shortening or speeding up any forms of judicial proceedings is prohibited; the territorial jurisdiction of court cases considered in these courts may be changed, or the location of the courts may be changed. A change in the territorial jurisdiction of administrative courts is possible with the help of the rules of the Civil Court of Ukraine, which states that the court transfers an administrative case to another administrative court, if the administrative court that considered the case is liquidated or terminated for reasons defined by law. The institution of time limits in administrative proceedings is considered, the common and distinctive features of the institution of statute of limitations in civil law and the institution of time limits for appeals to court in administrative litigation are analyzed. The procedural consequences of missing the application deadlines have been analyzed. On the basis of the judicial practice of the Supreme Court, the problematic issues related to the determination of the validity of the reasons for missing the specified period were revealed, and the conditions were formed for recognizing the reason for missing the deadline for applying to the court as valid.