FEATURES OF LEGAL REGULATION OF THE FUNCTIONING OF THE JUDICIAL SYSTEM IN SPECIAL CONDITIONS (CIRCUMSTANCES)

The functioning of the judicial system must be ensured under conditions different from the usual (normal) ones. These are conditions in the event of an emergency (or the threat of its occurrence), the introduction of the legal regime of a counter-terrorist operation, a state of emergency or martial law, as well as the announcement of mobilization. The right to legal proceedings and dispute resolution by court is one of the fundamental human rights that cannot be violated under any circumstances, regardless of external conditions or the behavior of the subject of legal relations. At the same time, along with the fact that the right to judicial protection is a constitutionally significant value, the federal legislator is given the opportunity by constitutional provisions to establish a certain procedure and method of seeking judicial protection depending on the conditions of the situation and the behavior of a person. The subject of the research is the knowledge of the order and features of the functioning of the judicial system when introducing special legal regimes or the emergence of special conditions, the purpose of the research is comparative legal and systemic knowledge of the legislative order and methods of implementing judicial protection when introducing special legal regimes in special conditions, as well as the development of proposals for amending the current legislation. The knowledge of the order and features of the functioning of the judicial system in special conditions was carried out using a systemic and comparative legal study as a methodological platform. The use of such a methodology determined the coordinated application of the methods of analysis and synthesis, induction and deduction, historical and dialectical methods, as well as structural, component and functional study within the framework of the systems approach. By describing and substantiating the order and features of the functioning of the judicial system in special conditions, the work reveals the dynamics of the functions of the judicial system depending on its conditions. Based on the results of the study, the author propose amendments to the legislation on the activities of military courts, counter-terrorism, emergency situations and circumstances, which are aimed at organizational and procedural improvement of the rules governing the functioning of the judicial system when introducing special legal regimes or in emergency (other special) circumstances.

judicial system, special legal regime, emergency circumstances, emergency situation, martial law, state of emergency, access to justice, expediency, balance of interests, legality, justice