Criminal proceedings under the conditions of martial state

Abstract

The article examines the phenomenon of the martial law regime. The concept of martial law is considered. The current legislation in the context of regulation of criminal proceedings under martial law is analyzed.

In the conditions of a full-scale war, the study of conducting criminal proceedings in the conditions of a special state is gaining more and more importance. Recently, the range of amendments to the Criminal Procedure Code has been expanding in terms of regulation of this phenomenon. Under such conditions, the pre-trial investigation has undergone significant changes, but there are many debatable issues and misunderstandings when it comes to the procedure and procedural terms. This, in turn, determines the relevance of the topic and the need for a thorough study of the legislative framework, analysis of problematic issues that arise in connection with this. Therefore, in the conditions of an increase in the commission of criminally punishable acts, it is extremely important that the criminal procedural legislation of Ukraine enables the investigation and regulates this process.

Chapter IX-1 of the Criminal Procedure Code, the articles of which should be taken into account in the process of protecting persons in criminal proceedings, is devoted to the specifics of conducting a pre-trial investigation under martial law. But changes were also made in the articles of other sections.

Changes in recording the course and results of investigative (search) actions were studied. The need for the remote participation of the defender in the procedural action is argued. The terms of notification of suspicion to a detainee under martial law were analyzed. The increase in the time for conducting investigative actions and the deadline for notifying a person of suspicion is justified. The issue of creating interdepartmental investigative groups was considered. Attention has been drawn to translation by the prosecution, the term of detention of a person, cancellation or change of a preventive measure, renewal of the missed term, mandate to carry out a pre-trial investigation. It was noted that it is mandatory to store the materials of criminal proceedings in electronic form and, if necessary, there is a possibility of restoring lost materials.

The necessity of making changes to the legislation in order to ensure the normal activity of law enforcement agencies in the conditions of martial law has been proven.