Administrative process under martial law

Abstract

The article reveals the peculiarities of the functioning of administrative justice in Ukraine under martial law, which was introduced in response to large-scale aggression by the Russian Federation. It analyses the regulatory and legal acts governing the activities of the judicial system during this period and draws attention to the practical aspects of ensuring citizens' access to justice, maintaining the stability of administrative justice and implementing the principle of the rule of law under martial law. Based on data from the Supreme Court and the State Judicial Administration of Ukraine, the dynamics of the consideration of administrative cases in 2022–2024 were traced, which made it possible to identify changes in the structure of lawsuits and the workload of courts. It is shown that martial law has led to the emergence of new categories of disputes, primarily concerning mobilisation, employee reservations, restrictions on movement, seizure of property for defence purposes, and compensation for damage caused. Based on an analysis of judicial practice, trends in the application of the principle of proportionality and features of legal interpretation in cases related to the protection of national security have been identified. It is noted that despite objective difficulties—personnel, material, technical, and security—the judicial system continues to perform its functions, adapting procedural procedures to current conditions. Several proposals have been developed to further improve the administrative process, particularly in the areas of digitalisation, remote court proceedings, and the regulatory establishment of flexible mechanisms for considering cases under martial law.