Formation of the national concept of transitive justice

The scientific article is devoted to researching the concept of transit justice and clarifying its significance for Ukraine. The concept of transitive justice is very relevant, which is connected with the spread of internal and interstate conflicts. It is noted that the national model of transitive justice is relatively new for domestic legal practice, therefore the understanding of its essence and the development of mechanisms is still at the initial stage. It is emphasized that transitive justice involves a set of measures aimed at overcoming the consequences of war and occupation and developing mechanisms that will prevent the recurrence of conflicts in the future. The concept of transitive justice is used by states that are transitioning from a state of conflict and occupation to a state of peace, it does not contain universal formulas for all states. Attention is focused on the fact that under modern conditions in Ukraine, the directions of transitive justice are implemented situationally, unsystematically and do not have proper legal consolidation. The international experience of the implementation of the mentioned concept, taking into account the Ukrainian realities, should be defined as useful. Recognition of the supremacy of international law and the tendency to increase the role of non-judicial mechanisms in the justice system will provide an opportunity to use non-judicial mechanisms in order to strengthen sustainable peace. Implementation of the principles of transitive justice affects the development of the legal system of Ukraine and should ensure its stabilization, creation of conditions for its modernization and sustainable development. At the same time, it is stated that it is necessary to carry out a lot of work to establish the reasons for which the war is taking place, to find out what happened directly during the armed conflict. It should be understood that the end of the war is not just the return of the occupied territories under the jurisdiction of Ukraine, but the beginning of a difficult path to resolve the consequences of the conflict and search for a compromise. It is emphasized that there is a real need to implement the model of transitive justice, as an important tool for resolving the military conflict and the main direction of state legal policy, in the conditions of Russia’s armed aggression against Ukraine.