General characteristics of international legal standards for ensuring access to justice in cases concerning the protection of the rights, freedoms, and interests of military personnel and conscripts within administrative proceedings

This article presents a comprehensive study of international legal standards ensuring the right of access to justice in cases involving the protection of the rights, freedoms, and legitimate interests of military personnel and conscripts, with particular emphasis on their application in administrative proceedings. The analysis is based on the examination of key international instruments, including the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1950 European Convention on Human Rights, the 1998 Aarhus Convention, the 2006 Convention on the Rights of Persons with Disabilities, as well as the provisions of international humanitarian law, such as the 1949 Geneva Conventions and the 1977 Additional Protocol I. The article reveals the essence of the right of access to justice as an integral element of the rule of law. Special attention is paid to the interpretation of this right by international bodies, including the UN Human Rights Committee (General Comment No. 32), the European Court of Human Rights, the Aarhus Convention Compliance Committee, and the Committee on the Rights of Persons with Disabilities. The study examines the specific application of international standards to military personnel and conscripts, taking into account their unique legal status related to the performance of duties to defend state sovereignty, as well as the challenges arising during the ongoing armed conflict in Ukraine. The article also focuses on the need to adapt judicial procedures for persons with disabilities, particularly war veterans who have suffered physical or psychological injuries. It substantiates the importance of implementing the principle of «effective access» to justice, as provided for by the Convention on the Rights of Persons with Disabilities, through the introduction of procedural accommodations such as remote hearings, simplified appeal procedures, and legal assistance mechanisms. Based on the analysis, the article formulates conclusions regarding the universal nature of international legal standards on access to justice, their adaptation to the needs of military personnel and conscripts, and the necessity of improving administrative proceedings in Ukraine.