Kinakh Y. Administrative and legal principles for the implementation of Ukraine's state policy in the field of justice under martial law

This thesis is devoted to the theoretical generalisation and innovative resolution of a research problem, which consists in defining the essence, content and characteristics of the administrative and legal foundations for the implementation of Ukraine’s state policy in the field of justice under a legal regime of martial law, as well as ways of improving them. The nature and characteristics of justice as an object of administrative and legal regulation under martial law have been established; this entails the creation of specialised judicial bodies to adjudicate war crimes, the introduction of digital technologies to ensure access to justice, the improvement of mechanisms for judicial oversight of the activities of public authorities, and the safeguarding of judges’ security. It has been established that the effectiveness of the administration of justice depends on guaranteeing equal access to the courts for all citizens, in particular internally displaced persons and those affected by hostilities, as well as on the personnel stability of the judicial system, which is ensured, in particular, through support for judges in crisis situations. It is emphasised that justice under martial law must strike a balance between security and human rights and freedoms, which requires clear regulation of administrative and legal norms and adherence to the principles of fairness and the rule of law. The concept, content and specific features of Ukraine’s state policy in the field of justice under the legal regime of martial law are examined. It is noted that state policy in this sphere constitutes a comprehensive, systematic set of activities by authorised state bodies, aimed at ensuring the continuity of justice, the preservation of human rights and freedoms, and the stability of the judicial system under extreme conditions. The key aspects of such a policy are identified. Particular attention is paid to the protection of human rights and freedoms, in particular ensuring access to the courts for internally displaced persons and improving mechanisms for judicial oversight of public authorities. It is established that the successful implementation of state policy requires flexibility, procedural predictability and clear coordination between public authorities, guided by international standards of justice. Directions are proposed for improving the legal and organisational foundations for the implementation of Ukraine’s state policy in the field of justice under the legal regime of martial law.