Judicial proceedings in wartime

Even in the wartime, the courts continue to operate. However, risks to the life, health and safety of litigants, judges and court staff need to be minimized. Experts suggest to amend some laws of Ukraine and Procedural Codes and to provide a special procedure for the administration of justice during the martial law or state of emergency, in particular:

  • allow the meeting of judges (chairman of the court) to determine the special regime of the court;
  • to expand procedural opportunities for participation in court hearings by videoconference;
  • the right of the court to suspend proceedings in cases (except urgent cases) until the elimination of circumstances that endanger the life, health and safety of participants in the proceedings, judges and court staff;
  • provide the possibility for the court to consider cases without notifying the parties to the case (by written procedure), if the parties do not object thereto;
  • renewal of procedural terms by the court if they are missed due to martial law or state of emergency;
  • the possibility of changing the location of the court in the event of significant obstacles to the administration of justice by the court at its location.
15, March 2022