Надмірний формалізм в адміністративному судочинстві як форма неправомірного обмеження прав людини в умовах воєнного стану

The article provides a comprehensive scholarly analysis of the phenomenon of excessive formalism in administrative adjudication in Ukraine under martial law. The author proceeds from the premise that formalism is an inherent feature of procedural law; however, its excessive manifestation poses a real threat to access to justice, the effective protection of human rights, and compliance with the principle of the rule of law. It is argued that excessive formalism constitutes a form of unlawful and concealed restriction of human rights, which arises not from the operation of legal norms as such, but from the manner in which judicial proceedings are conducted, in particular through rigid and inflexible interpretation of procedural rules without due consideration of the specific circumstances of the case and the actual ability of the parties to participate in the proceedings. Special attention is paid to the impact of martial law on the exercise of procedural rights and to changes in the standards for assessing the admissibility of procedural limitations. The scientific novelty of the article lies in substantiating excessive formalism as an independent form of unlawful interference with the right of access to justice, which goes beyond the permissible limitations of human rights as defined by Article 64 of the Constitution of Ukraine. Based on an analysis of the case-law of the Supreme Court after 2022, the article concludes that an approach aimed at overcoming excessive formalism is emerging, particularly in cases of a social nature and in disputes related to military service and the social guarantees of servicemen. It is emphasized that under martial law administrative courts should be guided by the principles of proportionality, reasonableness, and good faith, ensuring the priority of substantive protection of human rights over formal compliance with procedural requirements. The key findings of the article demonstrate that, during the period of martial law, overcoming excessive formalism should become one of the priorities of the judiciary, as it directly affects effective access to justice, public trust in the judicial system, and the observance of constitutional human rights.