The effect of preventive measures under the conditions of the state of martial

Abstract

The article examines the peculiarities of the application of preventive measures in the conditions of martial law, special attention is paid to such a preventive measure as detention. In the process of presenting the main material, it is noted that during the period of martial law, the procedure for the release of a detained person is to be normalized with the following: expiration of the maximum terms of restriction of freedom; failure to deliver the detained person within the specified time to the entity that must decide on the application of a preventive measure. Attention is drawn to the fact that in the absence of the normative requirement of "immediacy" ("immediacy") of detention, subjects of pretrial investigation bodies under martial law will be able to detain a suspect regardless of the time that has passed since the commission of a criminal offense. Equally important, when setting the problem, it is noted that in order to optimally apply procedural coercion measures to suspected persons, it is necessary to bring procedural norms into line with the real situation on the front line, take into account the intensity of hostilities and other factors. For this, the legislation, the positions of scientists and judicial practice on this issue were studied and the criteria for determining and classifying the grounds for the application of preventive measures, in particular preventive measures in the form of detention, were identified.

On February 24, 2022, the decree of the President of Ukraine No. 64/2022 in connection with the military aggression of the Russian Federation against Ukraine imposed martial law on the entire territory of Ukraine, the term of which was extended. Since the introduction of martial law, the scope of preventive measures in criminal proceedings has been affected by many legislative changes, in particular, there was an urgent need to amend the Criminal Procedure Code (hereinafter - the Criminal Code of Ukraine), including Chapter 18 of Section II "Precautionary Measures, Detention of Persons" and Chapter IX1 "Special regime of pre-trial investigation, trial under martial law". The question of cooperation with the enemy during the occupation is no less relevant: what circumstances exclude criminal wrongdoing or preventive measures that are corrected by war. The article draws a general conclusion about the existence of problems in the field of legal regulation of the application of these preventive measures in practice. Which, in turn, require the determination of solutions.