Peculiarities and Legal Regulation of the Practical Implementation of the Provisions of the Criminal Procedure Code of Ukraine Regarding the Cancellation of a Preventive Measure for Military Service under Conscription During Mobilization, for a Special Pe

Abstract

This article examines the urgent problem of implementing the provisions of the Criminal Procedure Code of Ukraine regarding the cancellation of the preventive measure for military service during the mobilization period, for a special period, which is extremely important today in the conditions of military aggression of the Russian Federation and the conduct of hostilities on the territory of Ukraine by the Russian regular army and other illegal military formations-aggressors. Separately, a detailed analysis of the procedure for canceling a preventive measure in the form of detention for military service is carried out.

During the implementation of mobilization measures and additional staffing of regular units of the Armed Forces of Ukraine and other military formations in accordance with the current legislation, the issue of the cancellation of preventive measures for suspects/accused became quite acute and gained public resonance, therefore it requires additional research and identification of shortcomings, to the extent that this procedure provides an opportunity to improve mobility regarding the manning of the army when it is an urgent necessity.

Particular attention is paid to the newly introduced legal provisions for the implementation of the provisions on the cancellation of preventive measures for military service under conscription during mobilization.

Since the introduction of martial law, 8 changes have been made to the Criminal Procedure Code in order to improve the criminal process in the new conditions. This indicates a sharp increase in the dynamics of changes to criminal procedural legislation and the need for its thorough analysis, the main of which is Law of Ukraine No. 2125-IX, by which section IX-1 of the Criminal Procedure Code of Ukraine was supplemented by Article 616 of the CPC of Ukraine. The purpose of this law is to allow citizens of Ukraine, suitable for military service due to their condition and age, to exercise their constitutional duty to protect the Motherland in the conditions of martial law. The prerequisite for such a right was the introduction of martial law in Ukraine or some of its localities (on the administrative territory), and the implementation of measures to ensure national security and defense.