REGULATION OF THE PARTICIPATION OF FOREIGN PERSONS IN PRIVATE LAW RELATIONS IN THE JUDICIAL INSTANCES OF UKRAINE UNDER MARTIAL LAW

Abstract

The article provides a comprehensive analysis of the legal regulation of the participation of foreign persons in private law relations and their access to judicial instances of Ukraine under the conditions of martial law. It explores how legislative changes, introduced as a consequence of military aggression against Ukraine, have affected the exercise of procedural rights by foreign citizens and legal entities. Special attention is paid to the principle of procedural equality, the right to a fair trial, and the guarantees of protection for individuals who are not Ukrainian citizens but are participants in civil legal relations within Ukraine’s jurisdiction. Despite the challenges of wartime, the Ukrainian judiciary continues to operate based on the rule of law, ensuring access to justice for all parties, including foreign participants. The article highlights procedural mechanisms that enable foreign persons to participate in court hearings remotely, examines electronic means of notification, and discusses the difficulties in serving judicial documents abroad due to the suspension of postal communication with certain states, primarily the aggressor state. The paper analyzes relevant case law on the recognition and enforcement of foreign court decisions during martial law and considers the interaction between Ukrainian national law and international treaties, including the Conventions in the field of civil procedure. Based on the findings, the author proposes directions for improving the legal framework for the participation of foreign persons in judicial proceedings, including the wider use of e-justice, strengthening international cooperation, and updating procedural rules to adapt to wartime conditions. The conclusions have practical significance for judges, lawyers, scholars, and policymakers, promoting greater legal clarity in Ukraine’s system of private international law.