Features of Remote Participation in Court Hearings under Martial Law in Ukraine
DOI:
https://doi.org/10.32631/v.2025.4.18Keywords:
martial law, court, remote court hearing, videoconference, access to justice, fair trial.Abstract
This article is devoted to defining the legal basis, procedure, and practical aspects of remote participation in court hearings under martial law in Ukraine, identifying the features of its application, outlining problems in law enforcement, and formulating possible solutions. It is noted that the introduction of martial law necessitates the adaptation of court activities and the provision of unhindered access to justice.
The definition of the term “videoconference” and its characteristic features are provided. It is established that the consideration of cases via videoconference, which became widespread during the COVID-19 pandemic, has become an integral tool for implementing the principle of access to justice in the context of modern challenges and has demonstrated its practical effectiveness. The practice of the European Court of Human Rights confirms the legitimacy of this format, provided that procedural guarantees are observed.
It is found that, in accordance with the law, not only the parties to the proceedings, but also witnesses, experts, interpreters and specialists may participate in court hearings remotely. Judges and secretaries may also participate remotely, as this does not violate Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is stated that the decision to hold a court hearing via videoconference is made by the court on the basis of a relevant request from a party to the case, but the law does not provide grounds for refusing to grant such a request. An analysis of court decisions shows that one of the most common grounds for refusal is the lack of technical capacity in courts to hold hearings in this format. Attention is drawn to the lack of a uniform approach to granting motions to hold all court hearings via videoconference, which leads to different application of procedural law by courts and creates legal uncertainty for participants in the judicial process.
It is concluded that there is a need for further regulatory regulation of the procedure and conditions for remote participation in court hearings, in particular clear grounds for refusing such requests, expanding the range of entities entitled to participate remotely, and modernising the technical infrastructure of courts.
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