Міжнародно-правові стандарти публічності судової влади та їх застосування в умовах воєнного стану

Under martial law, the issue of ensuring the proper functioning of the judiciary and compliance with international standards of its publicity is of particular relevance. Military aggression creates unprecedented challenges for the judicial system, forcing it to balance between ensuring the openness of justice and ensuring the safety of participants to the judicial process. The article examines the international legal standards of publicity of the judiciary and the specifics of their application under martial law. The author analyses international and national legal acts regulating the issues of openness of the judicial process, including the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and relevant provisions of national legislation. The author identifies the basic principles of publicity of court proceedings, including the right of the public and the media to access court proceedings, openness of court decisions and the need for transparent operation of judicial bodies. Particular attention is paid to the peculiarities of implementing the principle of publicity of court proceedings under martial law. The author examines possible restrictions on the openness of court hearings which may be due to national security considerations, protection of state secrets or the need to protect the rights of participants to the proceedings. The author also analyses the provisions of Ukrainian legislation on the legal regime of martial law which allow for restrictions on public access to court hearings in case of a threat to state security or law and order. The practical significance of the results obtained is that they can be used to improve national legislation and judicial practice on ensuring the publicity of the judiciary in special conditions, as well as to develop methodological recommendations for courts on how to organise their work under martial law. The materials of the study may be useful for scholars, practicing lawyers, judges and other specialists in the field of judicial proceedings. In addition, an important aspect is the impact of digital technologies on ensuring the publicity of the judiciary during martial law. The use of videoconferencing, online broadcasts of court hearings and e-justice contributes to the principle of open justice even in conditions of limited physical access to judicial institutions. However, at the same time, the issue of cybersecurity, personal data protection and fair trial guarantees arise, which requires further legal regulation and adaptation of court procedures to the new realities.