Civil proceedings in wartime: transformation of the institution of review of judicial decisions

The article examines the features of the implementation of the institution of review of court decisions in the civil process of Ukraine under martial law, introduced in connection with the armed aggression of the Russian Federation. The transformation of approaches to appellate, cassation review, as well as review under newly discovered and exceptional circumstances in connection with the restrictions that arose as a result of the war is considered. Special attention is paid to procedural changes related to the extension of terms, changes in territorial jurisdiction and the introduction of remote judicial proceedings using electronic means of communication. The adaptation of the judicial system to objective challenges is analyzed: disruption of the work of courts in front-line and occupied regions, evacuation of judicial institutions, complicated communication between participants in the process. The significance of the principles of the rule of law, justice and access to justice in the context of ensuring human rights during a state of emergency is revealed. The conclusion is made about the need to maintain a balance between formal procedural requirements and actual circumstances arising during martial law in order to ensure effective protection of citizens’ rights. Based on the practice of the Supreme Court, the need for flexible interpretation of procedural norms taking into account the realities of wartime is substantiated. Court decisions demonstrate the recognition of wartime circumstances as valid reasons for renewing deadlines and ensuring access to justice. The role of international standards, in particular Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in ensuring the right to a fair trial in emergency conditions is also emphasized. The authors conclude that the Ukrainian judicial system is able to maintain the principles of the rule of law and justice, adapting the mechanisms for reviewing court decisions to wartime conditions in order to protect human rights and support effective justice. The need for legislative support for initiatives aimed at stabilizing judicial activity, as well as for the further development of a unified judicial practice that meets the realities of the war period, is emphasized.