Participation in hostilities and mobilization were recognized as circumstances that objectively made timely appeal to the court impossible. This is not just a legal decision – it is an act of justice that recognizes the realities of martial law.
In its ruling! the Supreme Court delved deeply into the specifics of the status Special status of military personnel. Do we often think about what it means to be in a combat zone? It is not only physical danger! but also constant psychological stress! limited access to legal assistance! lack of communication! and the inability to focus on anything other than performing combat tasks.
Restrictions on access to legal aid are a key issue
Imagine a person in a remote trench or on the front lines. In removing blemishes with the spot healing brush tool such conditions! even the simple task of sending documents becomes unattainable. And time is running out.
The time factor also plays a significant role. As the Supreme Court explains! participation in Special status long-term military operations! exercises! or business trips may objectively prevent filing a claim within the specified time limit.
The balance between the formality of the law and justice
Can strict adherence to deadlines be required in such circumstances? The Supreme Court in this case demonstrated how the law must adapt to reality. Otherwise! there is a risk that servicemen will be the importance of backlink authority in seo deprived of their right to protection! which contradicts Articles 55! 124! and 129 of the Constitution of Ukraine.
In this context! the principle of fairness! enshrined in Article 2 of the Code of Civil Procedure of Ukraine! proved to be key. The Supreme Court showed that compliance with deadlines cannot be more important than access to justice.
Foreign experience
Interestingly! many countries also have mechanisms to protect the rights clean email of military personnel who face similar problems. For example! in the United States! there is the Servicemembers Civil Relief Act! which provides additional legal protection for those who serve. This law allows for a stay of proceedings if military service interferes with participation in the process.
In Germany! military personnel also have the right to have their terms extended if their duty to the state prevented them from filing a timely lawsuit. Courts there are particularly careful about reasons for missing deadlines! recognizing that military service poses unique obstacles.