Аpplication of videoconferenсе in criminal proceedings of Ukraine under the conditions of martial law

Abstract

Even in the conditions of martial law, the work of the courts cannot be stopped, the constitutional right of a person to judicial protection cannot be limited. Military events are one of the valid reasons for a person's non-appearance under a court summons (item 3 of Article 138 of the Criminal Procedure Code of Ukraine). In the conditions of war, it is a common practice to consider requests, for example, for the application or continuation of detention via videoconference. This applies even to those regions where there are no active war actions.A full-scale war has been going on in Ukraine for 10 months, the territorial jurisdiction of certain courts has been changed due to the impossibility of conducting justice. Considering the above, the changes made to the legislation regarding participation in a court session via videoconference are progressive and necessary