Practical Aspects Regarding the Implementation of the International Principle of Volume in Civil Proceedings during War
Abstract
Abstract. The article is devoted to the study of the topical issue of implementation of the international
principle of publicity in civil proceedings when studying judicial practice in time of war. The author outlines a
number of issues which directly cover theoretical and practical aspects of the implementation of the
principle of publicity in national and international jurisprudence, examines the scientific works of civil law
scholars, and analyzes certain aspects of the adaptation of international understanding in this area of
relations. Due to this, the research methodology is traced, and the genesis of the study on certain stages of
formation of the features and peculiarities of the publicity principle in different historical epochs of
jurisprudence is formed using the historical, legal and logical methods; the methods of analysis and
synthesis allowed to generalize approaches to understanding the legal nature and content of the concept of
publicity and openness of court proceedings which are widely used in the articles of certain procedural
codes of the Code of Administrative Court Procedure and the Code of Civil Procedure of Ukraine. The
author focuses on the fact that almost three years have passed since the beginning of a new phase of
Russia's full-scale invasion of Ukraine, and therefore our country is now at the ―zero‖ of a hybrid war, just
like a conventional war. For a long time, the government's efforts have introduced many mechanisms for
Ukraine's accession to the European Community, which is directly supported by certain actions, as at the
end of 2023 the European Commission released information on EU enlargement by recommending the
opening of enlargement negotiations with the participation of Ukraine and Moldova. As we can see, the
topic is relevant, since there have always been discussions around the field of procedural law, as there was
a need to find a single unified mechanism for resolving civil procedural disputes. This is confirmed by the
joint efforts of European researchers and practitioners who launched the project ―From Transnational
Principles to European Rules of Civil Procedure‖ in 2013, which marked a new stage in the development of
civil procedural law in Europe. Thus, some domestic researchers identify the optimization of civil
proceedings as a trend in the process of identifying factors that make it possible to eliminate or reduce
procedural insufficiencies in the tasks and objectives of civil proceedings. On the other hand, our state has
declared a number of principles of civil proceedings in the Basic Law (Constitution of Ukraine), in particular,
that justice in Ukraine is administered exclusively by courts, the basic principles of judicial proceedings are
enshrined, and the principle of publicity of the trial and its full recording by technical means is in force. In
explaining the fundamental principles of the judicial process, we have come to analyze the essence of the
principle of publicity of the trial and its acquisition of the status of a constitutional norm, which indicates a
fairly high degree of democratization of society as a whole and the provision of broad opportunities for
participants in the trial to defend their rights and interests. In addition, certain provisions of Ukrainian
legislation on the legal status of the judiciary and the status of judges declare the publicity and openness of
the judicial process. In particular, it is emphasized that the rights and freedoms contained in the European
Convention for the Protection of Human Rights and Fundamental Freedoms are fundamental European
human rights standards; the standards for the administration of justice in civil cases are programmatic
principles that are more in the nature of principles of civil procedure than civil procedure law; the standards
are regulated by civil procedure law and enshrined in the provisions of European conventions, declarations
or other EU regulations.
Keywords: martial law; civil proceedings; legal principles; principle of transparency; judiciary; international
legal standards.
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