ВІДШКОДУВАННЯ ШКОДИ, ЗАВДАНОЇ НЕЗАКОННИМИ ДІЯМИ, РІШЕННЯМИ ТА БЕЗДІЯЛЬНІСТЮ ОРГАНІВ, ЩО ЗДІЙСНЮЮТЬ ОПЕРАТИВНО-РОЗШУКОВУ ДІЯЛЬНІСТЬ, ДОСУДОВЕ РОЗСЛІДУВАННЯ, ПРОКУРАТУРИ І СУДУ В УМОВАХ ВОЄННОГО СТАНУ

Abstract

The article is a research of compensation specifics for damage caused by illegal actions, decisions and inactions of bodies that carry out operational and investigative activities, pre-trial investigation, the prosecutor's office and the court in the condition of war, as well as the risks of violation of rights, that is typical in that period. Condition of war is a special legal regime that is providing by the relevant authorities to repel armed aggression and ensure national security. In this regard, it is temporarily possible to limit the constitutional rights and freedoms of a person and a citizen due to a threat, with an indication of the period of validity of these restrictions. It was established that the most important human rights and freedoms can not be restricted even in condition of war. The functioning of the criminal justice system in the conditions of an armed conflict did not affect the procedure and criteria for compensation the damage caused to a citizen by investigative bodies, pre-trial investigation bodies, the prosecutor's office and the court. At the same time, the peculiarities of the socio-political situation in the state led to the appearance or strengthening of risks that led to violations of human and citizen rights. The consequences of such violations, in frames of criminal proceedings, may be the cancellation of sentences and the avoidance of responsibility by criminals, a large burden on the state budget of Ukraine, which is leads to a danger for national security in the condition of war and further - during the recovery period, as well it leads to a material consequences for certain officials. Considering these risks and implementing targeted measures aimed at their prevention, both at the level of individual employees and at the level of the criminal justice system, is an important tool of ensuring human rights, the inevitability of punishment and national security.