Peraturan hukum tentang akses terhadap keadilan pada masa perang dalam kasus-kasus yang berkaitan dengan perlindungan hak, kebebasan dan kepentingan personel militer dan wajib militer

Ostrovsky, Sergey
Turlakova, Nataliia
Obushenko, Nataliia
Skorobogatova, Alina
Borysocheva , Nataliia

Syariah: Jurnal Hukum dan Pemikiran
Vol 23 No 2 (2023)

The purpose of the article consists in revealing access to justice during wartime in cases related to protection of rights, freedoms and interests of military personnel and conscripts. Active hostilities are taking place in most regions of Ukraine, and this makes it impossible to delivery justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during the wartime in cases related to protection of rights, freedoms and interests of military personnel and conscripts is currently possible in accordance with the Constitution of Ukraine. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. The article analyzes the decision of the ECtHR, and based on this, the author comes to the conclusion that financial costs are considered by the ECtHR as an obstacle to access justice. Access to court is effective only when a person will have a real opportunity to challenge wrongful actions in practice. Key words: access to justice, court, electronic justice, subject of public authorities, the war, protection of rights, freedoms and interests of military personnel and conscripts.