Legal regulation of pre-judicial investigation period in the conditions of martial state

Abstract

The article is devoted to the issue of legal regulation of pre-trial investigation periods under martial law. It is relevant because martial law is an emergency situation in the country that arises as a result of an external or internal threat to the security of the state and its citizens. In such conditions, the legislation differs from the usual regime, which imposes additional tasks and requirements on law enforcement agencies. One of the most important aspects of martial law is the improvement of the level of security and protection of the population, which requires the effective activity of law enforcement agencies and ensuring the efficiency of pre-trial investigation of crimes. Therefore, it is important to know what deadlines must be met during a pre-trial investigation under martial law and what consequences may arise in case of non-compliance.

It was established that the grounds for stopping the pre-trial investigation provided for in Art. 280 of the Criminal Code of Ukraine, two more are added: 1) the absence of an objective possibility of further conducting a pre-trial investigation; 2) the absence of an objective possibility of completing the pre-trial investigation and applying to the court with an indictment, a request for the application of coercive measures of a medical or educational nature, a request for the release of a person from criminal liability.

In addition, it is stated that the special legal regulation of the features of the start of a pre-trial investigation under martial law is conditioned by the objective possibility (risks) of the occurrence and existence of circumstances that make it impossible or significantly limit the ability to exercise the powers of the inquirer, investigator, prosecutor under martial law, the restoration of normal the order of work does not depend on the will and capabilities of the specified subjects, but can take place only after the influence of these circumstances ceases.

It was also concluded that the measures that can ensure the effectiveness and efficiency of the pre-trial investigation in the conditions of martial law should include: the maximum concentration of resources and means for the investigation of corruption crimes; establishment of clear procedures and mechanisms of cooperation between law enforcement agencies; introduction of the latest technologies and tools to ensure the effectiveness of the investigation; increasing the responsibility of law enforcement agencies for violation of pre-trial investigation deadlines. The article is devoted to the issue of legal regulation of pre-trial investigation periods under martial law. It is relevant because martial law is an emergency situation in the country that arises as a result of an external or internal threat to the security of the state and its citizens. In such conditions, the legislation differs from the usual regime, which imposes additional tasks and requirements on law enforcement agencies. One of the most important aspects of martial law is the improvement of the level of security and protection of the population, which requires the effective activity of law enforcement agencies and ensuring the efficiency of pre-trial investigation of crimes. Therefore, it is important to know what deadlines must be met during a pre-trial investigation under martial law and what consequences may arise in case of non-compliance.

It was established that the grounds for stopping the pre-trial investigation provided for in Art. 280 of the Criminal Code of Ukraine, two more are added: 1) the absence of an objective possibility of further conducting a pre-trial investigation; 2) the absence of an objective possibility of completing the pre-trial investigation and applying to the court with an indictment, a request for the application of coercive measures of a medical or educational nature, a request for the release of a person from criminal liability.

In addition, it is stated that the special legal regulation of the features of the start of a pre-trial investigation under martial law is conditioned by the objective possibility (risks) of the occurrence and existence of circumstances that make it impossible or significantly limit the ability to exercise the powers of the inquirer, investigator, prosecutor under martial law, the restoration of normal the order of work does not depend on the will and capabilities of the specified subjects, but can take place only after the influence of these circumstances ceases.

It was also concluded that the measures that can ensure the effectiveness and efficiency of the pre-trial investigation in the conditions of martial law should include: the maximum concentration of resources and means for the investigation of corruption crimes; establishment of clear procedures and mechanisms of cooperation between law enforcement agencies; introduction of the latest technologies and tools to ensure the effectiveness of the investigation; increasing the responsibility of law enforcement agencies for violation of pre-trial investigation deadlines.