Legal Qualification of Denial of Access to Justice and Imposition of Illegal “Courts”
Article 55 of the Constitution of Ukraine guarantees everyone the right to judicial protection of their rights and freedoms. This provision is fundamental: human and civil rights are protected by the court. On temporarily occupied territories, the Russian Federation systematically destroys the Ukrainian judicial system and attempts to replace it with illegal “judicial” bodies (“DPR/LPR courts,” “Russian military courts”), depriving Ukrainian citizens of access to legitimate justice and issuing unlawful judgments.
Key Provisions of the Constitution of Ukraine
- “Human and civil rights and freedoms are protected by the court.”
- “Everyone is guaranteed the right to appeal in court decisions, actions, or inaction of state authorities, local government bodies, officials, and civil servants.”
- “Every individual has the right, after exhausting all national legal remedies, to seek protection of their rights and freedoms in relevant international judicial bodies or in competent organs of international organizations to which Ukraine is a member or participant.”
Nullity of Occupation “Court” Decisions: Under both international and Ukrainian law, any “sentences,” “decisions,” and “resolutions” issued by illegal authorities established in occupied territories are null and void and have no legal force. Imposing “courts” by the occupying power constitutes a direct encroachment on the sovereignty of Ukraine and the constitutional rights of its citizens.
Evidence of Violation (Destruction of Judicial System)
- Elimination of Ukrainian courts: Forced cessation of functioning of legitimate Ukrainian courts in occupied territories, expulsion of judges and court staff.
- Creation of illegal “courts”: Formation of occupation “judicial” structures acting outside Ukrainian law and issuing rulings based on the aggressor state’s legislation.
- Politically motivated judgments: Use of illegal “courts” to sentence Ukrainian prisoners of war, civil activists, and individuals accused of “extremism” or “terrorism” for pro-Ukrainian positions. Examples: long prison sentences for activists in Donetsk and Luhansk regions, rulings against journalists and volunteers reporting on Russian aggression.
- Denial of access: Effective deprivation of citizens’ ability to appeal to Ukrainian courts, obtain legal assistance, and challenge actions of the occupation authorities.
Connection with Other Articles
- Art. 109 CCU (Forced Change of Constitutional Order) — establishing illegal “courts” constitutes an element of seizing state power.
- Art. 438 CCU (Violation of the Laws and Customs of War) — administration of justice in occupied territory must comply with Hague and Geneva Conventions.
- Art. 111-1 CCU (Collaborationist Activity) — applicable to Ukrainian citizens working in illegal judicial bodies.
Legal Consequences
- All victims of illegal actions by the occupation authorities (including forced “judicial persecution”) have the right to protection, appeal, and compensation in legitimate Ukrainian and international courts after de-occupation.
- Recognition of all rulings by occupation “courts” as legally null, allowing them to be challenged in national and international instances.
Sources
- Constitution of Ukraine: Article 55 (Text)
- Related Article: Art. 109 CCU (Forced Change of Constitutional Order) →
- Related Article: Art. 438 CCU (Violation of the Laws of War) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive