PECULIARITIES OF CONDUCTING AND IMPLEMENTING CRIMINAL PROCEEDINGS UNDER MARTIAL LAW

Abstract

The article is devoted to the study of the peculiarities of conducting and implementing criminal proceedings under martial law. The author notes the issues which have arisen regarding the conduct and implementation of criminal proceedings under martial law and ensuring an effective pre-trial investigation, given the realities in which our country has found itself due to the imposition of martial law, which are relevant, important and require proper legal regulation.

The purpose of this study is to provide a thorough analysis of the peculiarities of conducting and implementing criminal proceedings under martial law and to identify the main areas for improvement of criminal procedure legislation in this regard.

It is noted that hostilities in certain territories complicate the standard procedures for recording procedural actions in criminal proceedings.In addition, the occupation of some territories makes it impossible to conduct a standard investigation of criminal offenses. In response to this situation, the current legislation is being amended to regulate and simplify the investigation procedures in criminal proceedings.

The author also draws attention to the peculiarities and directions of interaction between law enforcement agencies of Ukraine and law enforcement agencies of other States and international judicial authorities, especially with regard to cooperation with the International Criminal Court in the course of investigation of criminal offenses.

The article emphasizes that significant changes in criminal procedure legislation are needed to ensure effective investigations of criminal offenses under martial law. This may include improving the procedures for collecting evidence, strengthening the mechanisms for protecting the rights of victims, and ensuring effective judicial review of criminal proceedings. Proposals from legislators regarding the legal regime of martial law should be carefully analyzed with due regard to the peculiarities of criminal proceedings in wartime. It is important that they reflect the real needs of law enforcement agencies and the judiciary in fighting crime and ensuring law and order. After all, the quality of criminal procedure legislation requires not only the correct wording of the law, but also, above all, its effective application in practice. Ensuring justice for all victims of the actions of the aggressor state is an important goal that must be achieved by improving the criminal process and strengthening legal mechanisms of protection. Regulatory regulation of the criminal proceedings should be based on the idea of a balance between private and public interests.

This includes defining the purpose of the proceedings and the tools to be used to achieve this goal, as well as the responsibilities of those conducting criminal proceedings on behalf of the state. It is important that law enforcement standards are appropriate at all stages and in all forms of criminal proceedings. This will ensure fair, effective and transparent criminal investigations, which is an important aspect in ensuring law and order and protection of human rights, especially in the context of martial law in the country.