THE WORK OF THE JUDICIARY DURING THE IMPOSITION OF MARTIAL LAW IN UKRAINE

According to the Decree of the President of Ukraine of February 24, 2022 № 64 “On the imposition of martial law in Ukraine” martial law is imposed in Ukraine from 05:30 February 24, 2022 for a period of 30 days.

On March 2, 2022, the Council of Judges of Ukraine published recommendations on the work of courts under martial law. In particular, courts need to determine the specifics of the court's work based on the real current situation in the region; if possible, postpone cases (except for urgent court proceedings) and withdraw them from consideration, taking into account that many litigants are not always able to apply for adjournment due to the involvement of critical infrastructure, joining the Armed Forces of Ukraine, territorial defense, voluntary military formations and other forms of counteraction to armed aggression against Ukraine, or may not appear in court due to danger to life; cases that are not urgent should be considered only with the written consent of all participants in the proceedings; it is prudent to approach issues related to the return of various procedural documents, leaving them without motion, setting various deadlines, if possible to extend them at least until the end of martial law, as well as focus exclusively on urgent court proceedings (detention, continuation terms of detention).

Most courts now post up-to-date information on the work of a particular court on their Facebook pages.

Thus, Obolonskyi District Court of Kyiv, in connection with the critical situation in Ukraine, informs that the court is currently considering only criminal proceedings in which persons are detained and motions that need to be resolved immediately.

The work of the majority of local general courts is focused on the consideration of these categories of cases under martial law.

Zakarpatskyi Court of Appeal, in particular, informs that the justice is currently not suspended, and the court continues its work under martial law. However, due to the fact that the issue of human safety and health is a priority, and in order to ensure the smooth functioning of the Court of Appeal, the court has a special regime.

Some commercial courts inform that cases have been withdrawn and will be postponed (in particular, the Commercial Court of Kyiv, the Northern Commercial Court of Appeal, etc.).

The courts also inform that in connection with the current situation, the non-appearance of the participants in the trial will be considered a valid reason for further procedural decisions (https://www.facebook.com/vl.arbitr.gov.ua/)

Thus, the courts continue to work under martial law, but given that the issue of human safety and health is a priority today, the courts establish special regimes based on the current situation in the region.

CHANGES OF THE TERRITORIAL JURISDICTION OF COURT CASES

According to the Decree of the President of Ukraine of February 24, 2022 № 64 “On the imposition of martial law in Ukraine” martial law is imposed in Ukraine from 05:30 February 24, 2022 for a period of 30 days.

During martial law, in accordance with Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law", the powers of courts may not be terminated.

With regard to martial law, Article 26 of the Law of Ukraine "On the Legal Regime of Martial Law" stipulates that justice in the territory where martial law is imposed is administered only by courts. Courts established in accordance with the Constitution of Ukraine operate in this territory.

Reduction or acceleration of any form of justice is prohibited.

If it is impossible to administer justice by courts operating in the territory where martial law is imposed, the laws of Ukraine may change the territorial jurisdiction of court cases heard in these courts, or change the location of courts in the prescribed manner.

Since the beginning of the war on the territory of Ukraine, as of March 16, 2022, the jurisdiction of 111 courts of Ukraine has been changed.

Thus, by the relevant orders of the Supreme Court "On changing the territorial jurisdiction of martial law" in accordance with part seven of Article 147 of the Law of Ukraine "On the Judiciary and the Status of Judges", taking into account the inability of courts to administer justice during martial law, the territorial jurisdiction of some courts of Mykolaiv, Kharkiv, Donetsk, Zaporizhia, Kyiv, Luhansk, Chernihiv and Kherson regions has been changed.

Temporarily in charge Chairman of the State Judicial Administration of Ukraine Oleksii Salnikov informs that the administration of justice in courts for which the territorial jurisdiction of cases has been temporarily changed will be resumed as soon as wartime conditions allow (according to the press service of the State Judicial Administration of Ukraine).

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Igor Kalitventsev (i.kalitventsev@kpdconsulting.com.ua). We will be pleased to assist You. The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.