Окремі аспекти здійснення досудового розслідування в умовах воєнного стану

Abstract

The article identifies the conditions which led to the legal regulation of the special regime of criminal proceedings. The author states that introducing such mechanisms to procedural legislation is necessary, particularly in martial law conditions. The author concludes that there is a lack of adequate depth of scientific research into the special regime of criminal proceedings under martial law. The author identifies the absence of a general theoretical definition of a “special regime” of this kind. The author outlines the range of conditions under which the elements of the special regime may be used in criminal proceedings under martial law. The author emphasizes that the starting point in this case is martial law, which is introduced under certain conditions and grounds. The author determines that the elements of the special regime may be applied if martial law is introduced, and the conditions specified in Article 615 of the Criminal Procedure Code of Ukraine only are met. The author states that the legislator simultaneously uses the concepts of “special regime of pre-trial investigation and court proceedings under martial law” and “special regime of criminal proceedings under martial law” in Section IX-1 of the Criminal Procedure Code of Ukraine. The author presents the scientific view of the legal nature of the “special regime” of criminal proceedings developed in the modern legal literature. It is determined that not all provisions of Article 615 of the Criminal Procedure Code of Ukraine directly regulate the special regime of pre-trial investigation; only some of them do so. The selected elements of the special pre-trial investigation regime are regulated by the current Criminal Procedure Code of Ukraine, but the author notes the need for their further development. The author notes a need to further improve the current legislation on the special regime of pre-trial investigation under martial law. Keywords: special regime, criminal proceedings, pre-trial investigation, martial law.