THE JUDICIAL SYSTEM AND FORMATION OF THE JUDICIARY UNDER CONDITIONS OF WAR

Abstract

The aim of this article is to analyze the legislative initiatives of the Ukrainian Parliament concerning the establishment of military courts and to forecast the feasibility of their implementation. The forecasting encompasses the current state of the judicial system, the staffing levels of courts with judges, and the progress of judicial selection procedures under the current functioning of the Higher Qualification Commission of Judges of Ukraine (HQCJ). The article examines the historical background and reasons behind the dissolution of military courts in Ukraine, as well as the potential for their restoration during wartime. It also evaluates the prospects for forming a corps of judges, taking into account the ongoing competitive selection and appointment procedures. A crucial aspect considered in the study is that any decision made by public authorities must be assessed in terms of its enforceability, short- and long-term consequences, and the financial resources required for implementation. With limited exceptions, any governmental decision entails amendments to budgetary allocations. The methods applied in the study include: the historical method (for analyzing the dissolution of military courts in Ukraine); systems analysis (for examining the judiciary and assessing the feasibility of establishing a separate branch of courts within its structure); legal analysis (for assessing draft normative acts, their impact on the judiciary, and the prospects for implementation); and general scientific methods.