Application of house arrest during martial state

Abstract

The article examines the peculiarities of the use of house arrest during martial law. It was established that after the full-scale invasion of Russia into the territory of Ukraine, the frequency of the use of house arrest did not decrease, however, regulatory and legal changes were made to the specifics of the use and cancellation of house arrest under martial law. Such changes are related to the list of circumstances that the investigating judge, the court is obliged to take into account when choosing a preventive measure. It is offered to group the following additional circumstances into blocks: 1) related to the operational situation in the city where the person's home is located; 2) related to the military duty of the suspect, the accused and his possibility of military service; 3) related to the need to maintain and protect persons under the care of the suspect, the accused, etc.
 As a result of the analysis of court practice, it was found that courts often specify in the operative part of the court decision exceptional cases in which a person subject to house arrest can leave the home. It is argued that these exceptional cases are not mitigation of the conditions of house arrest and do not need to be specified in the court decision. It was established that in the event of a threat to the life and health of the suspect or the accused, or their family members, the latter may leave the home until the danger has passed. In other cases, if a person needs to leave the home, it is necessary to apply to the court with a corresponding petition.
 It was determined that in conditions of a blackout and in cases where a person under 24-hour house arrest lives in a house alone, a different preventive measure than house arrest should be used, due to its ineffectiveness.
 It has been proven that it is impractical to indicate in the decision on the application of house arrest the nearest shelters from the person's place of residence, to which the person can go in the event of an alarm. The investigating judge, the court during the consideration of the petition for the application of house arrest and the police officer who supervises compliance with the conditions of house arrest must explain in detail the right of the suspect or the accused to take personal security measures when there is a threat to his life and health.