SPECIAL PRE-TRIAL INVESTIGATION IN THE CONDITIONS OF MARTIAL LAW IN UKRAINE

Abstract

This scientific article analyzes a special pre-trial investigation during the period of martial law in Ukraine, which changes significantly during this period. A special pre-trial investigation is, first of all, a special procedure for the implementation of procedural and investigative actions aimed at investigating criminal offenses in conditions of increased danger, restrictions on rights and freedoms caused by military actions. The rights and freedoms of citizens may be limited in a certain way, therefore such measures are aimed at ensuring public safety and law and order in the difficult conditions of wartime.

It has been analyzed that the legal framework for the regulation of a special pre-trial investigation during the period of martial law in Ukraine is based on certain legislative acts that establish a special procedure and conditions for the implementation of investigative actions and procedural measures. The main regulatory legal acts regulating this issue are: the Constitution of Ukraine, the Criminal Procedure Code (hereinafter - the Code of Criminal Procedure), the Law of Ukraine "On the National Security of Ukraine" and "On the Legal Regime of Martial Law", decrees of the President of Ukraine on the introduction of martial law, resolutions of the Cabinet of Ministers of Ukraine.

Also, it was found out that during the martial law, law enforcement agencies receive additional powers to carry out operational search and investigative actions and use special means and technologies to collect evidence.