Judicial practice as a source of lawmaking in civil regulation of land relations under martial law

The article examines the transformation of the role of judicial practice in the lawmaking process within the sphere of civil regulation of land relations under martial law. The full-scale aggression of the Russian Federation against Ukraine has led to significant changes in the legal regime of land plots: vast areas have been mined, destroyed, or temporarily occupied. The loss of physical access to immovable property has resulted in legal uncertainty and the inability to exercise property rights, necessitating the development of new legal mechanisms and approaches. Particular attention is given to the importance of judicial practice as a source of flexible solutions that compensate for the imperfections of normative regulation under extraordinary circumstances. The article substantiates the need to reconsider judicial practice not only as a tool of legal interpretation but also as a full-fledged source for shaping legal constructs capable of adapting existing legislation to the realities of armed conflict. Key legal positions of the Supreme Court are analyzed, particularly concerning the preservation of property rights to land plots located in combat zones, mechanisms for damage compensation, and the application of force majeure clauses in contractual obligations. It is proposed to introduce a new legal regime — “temporary suspension of land use until the restoration of its damaged condition”, which would allow restricted access to property without the loss of ownership. This approach is expected to ensure stability in the legal status of landowners, tenants, and users. The necessity of integrating established judicial practice into the legislative framework is emphasized as a factor in stabilizing land relations in the post-war period. The article formulates doctrinal prerequisites for updating the Civil and Land Codes of Ukraine, as well as sectoral legislation, taking into account contemporary social, security, and digital challenges. Judicial practice is regarded as the basis for revising the civil law paradigm of the legal status of land and the buildings (structures) located on it in times of war and during post-war reconstruction.