Legal Regulation of Access to Justice in Cases Related to the Protection of the Rights of Military Officers and Conscuits During the Conditions of Marital State in Ukraine

Autores/as

DOI:

https://doi.org/10.5335/rjd.v38i2.15920

Palabras clave:

Access to justice, Electronic justice, Freedoms and interests of military personnel and conscripts, Subject of public authorities, Protection of rights

Resumen

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 concludes 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.

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Biografía del autor/a

  • Oleh Shkuta, Odessa State University of Internal Affairs, Ukraine

    Professor, Doctor of Science in law, Head of the Department of Professional and Special Disciplines of the Kherson Faculty, Odessa State University of Internal Affairs, Odessa, Ukraine.  ORCID ID: https://orcid.org/0000-0003-0395-5710. Email: olehshkutaukr@gmail.com. From 2021, he is an expert of the National Agency for Quality Assurance of Higher Education in specialties: 081 - Law and 262 - Law enforcement. Member of specialized scientific councils for awarding the scientific degree of Doctor of Sciences: From 2022 - D 41.884.04 at the Odesa State University of Internal Affairs of the Ministry of Internal Affairs of Ukraine. From 2023 - D 17.127.07 at the Classical Private University. Member of editorial boards of scientific publications: Scientific journal "Legal Bulletin" ISSN 2414 – 4207. Scientific journal "South Ukrainian Legal Journal" ISSN 2312-928X. Scientific journal "Criminal enforcement system: Yesterday. Today. Tomorrow" ISSN 2617 – 0159.

  • Oleksandr Tarasenko, Ministry of Internal Affairs of Ukraine, Ukraine

    Candidate of Juridical Sciences Director of the Department of Education, Science and Sports of the Ministry of Internal Affairs of Ukraine. Ukraine.  ORCID: https://orcid.org/0000-0003-0369-520X E-mail: a.s.7.tarasenko@gmail.com.

  • Dmytro Shvets, Odessa State University of Internal Affairs, Ukraine

    Doctor of Law Science, Associate Professor, Rector Odessa State University of Internal Affairs. Ukraine.  ORCID: https://orcid.org/0000-0002-1999-9956 E-mail: shvets@ukr.net. In 2016, at the specialized academic council of the National Aviation University, he defended his thesis for the degree of Candidate of Pedagogical Sciences with the specialty 13.00.04 – theory and methods of professional education on the topic "Preparation of future officers of the Ministry of Internal Affairs of Ukraine for the protection and maintenance of public order in the process of professional training". In 2019, he defended his thesis for the degree of Doctor of Law at the National Academy of Internal Affairs on 19.00.06, specializing in legal psychology, on the topic "Formation of the personality of a police officer in the conditions of professional training and professional activity: legal and psychological aspects." Actively participates in reviewing and mastering dissertation research. Editor-in-chief of the scientific journal "South Ukrainian Law Journal" of the Odessa State University of Internal Affairs, member of the editorial board of the collection of scientific works "Bulletin of the Kharkiv National University of Internal Affairs" and the scientific journal "Law and Security".

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Publicado

2025-02-28

Cómo citar

Legal Regulation of Access to Justice in Cases Related to the Protection of the Rights of Military Officers and Conscuits During the Conditions of Marital State in Ukraine. (2025). Revista Justiça Do Direito, 38(2), 06-21. https://doi.org/10.5335/rjd.v38i2.15920