FEATURES OF THE ACTIVITIES OF THE PROSECUTION AUTHORITIES OF UKRAINE UNDER THE CONDITIONS OF MARITAL STATE. EXPANSION OF POWERS OF THE PROSECUTORʼS OFFICE IN CRIMINAL PROCEEDINGS

Abstract

On February 24, 2022, in connection with the military aggression of the Russian Federation against Ukraine, martial law was introduced by the Decree of the President of Ukraine No. 64/2022. The declaration of martial law in Ukraine caused significant changes in the activities of the law enforcement system and state authorities in general, including the prosecutorʼs office. This regime imposes special duties and requirements on bodies with the aim of ensuring national security and performing tasks related to armed conflict. In the conditions of martial law, the scope of powers of the prosecutorʼs office increases, which is connected with the need to ensure legality and law and order in the conditions of an increased threat to the security of the state, which will be investigated in this scientific article.

In turn, even in the conditions of martial law and the conditions in which Ukraine is, the reform of law enforcement and judicial bodies of Ukraine, improvement and harmonization of criminal procedural legislation with international standards significantly changed the powers of the prosecutor in criminal proceedings. This is due to entrusting the prosecutor with the

duty to supervise the observance of legality and reasonableness during the pre-trial investigation in the form of procedural management of its course and the application of precautionary measures to persons. The importance of ensuring such requirements is related to the temporary restriction of the rights of individual subjects of criminal proceedings aimed at achieving the goals of justice.

In Ukraine, under the conditions of martial law, there was an urgent need to expand the powers of the prosecutor as a key person in the implementation of pre-trial investigation through procedural management.

Protecting the rights and freedoms of citizens, simultaneously with countering threats to national security, there is a temporary expansion of the powers of the prosecutorʼs office in order to ensure the reliability of the law and order. This extension is carried out in exceptional cases and for a limited period. The problem of balance between state security and human fallibility is a key aspect.