Protection of individual rights in enforcement proceedings under martial law

Abstract

The invasion of the Russian Federation on the territory of Ukraine changed both the world order and the state of protection of the rights of individuals on the territory of Ukraine. The introduction of martial law on the territory of Ukraine introduced many restrictions, including those regarding enforcement proceedings. Therefore, it is essential to examine the specifics of the security of individual rights in enforcement proceedings under martial law. The purpose of the work is to study the peculiarities of the safeness of individual rights in enforcement proceedings, caused by the state of war in the territory of Ukraine. The research methods are: dialectical, formal-legal, logical methods, historical method, analytical method, comparative-legal method. Thanks to the conducted research, it was analyzed, the features of enforcement proceedings under martial law were analyzed, and special attention was paid to the possibilities of protecting the rights of the debtor and debt collector during martial law. It is also examined how the state of operation of the automated system of enforcement proceedings affects the protection of the rights of the parties to the enforcement proceedings, opportunities for activities in controlled territories, and private executors. Based on the studied materials, it was concluded that there are currently several significant restrictions in place to protect the rights of individuals in enforcement proceedings, but such restrictions are justified, taking into account the need to ensure national security against malicious actions and unauthorized hacking of state services.