CERTAIN PROBLEM ASPECTS OF THE PROTECTION OF PARTICIPANTS IN CRIMINAL PROCEEDINGS IN MODERN CONDITIONS

Abstract

The article identifies and characterizes certain problematic aspects of the protection of participants in criminal proceedings, which are caused by the introduction of martial law in Ukraine. It was established that with the introduction of martial law in Ukraine, the practice of implementing the norms of criminal procedural legislation received many new problems and challenges that require regulatory regulation or solution by judicial practice. One of such unresolved problems is the restriction of constitutional rights and freedoms and legitimate interests of individuals in the context of the protection of participants in criminal proceedings during martial law. Attention is drawn to the fact that the provisions of the Criminal Code of Ukraine do not provide for any special forms of criminal justice in the languages of martial law, and therefore the subjects of criminal proceedings (investigators, judges and courts) face a difficult task - to ensure the implementation of criminal justice in extraordinary conditions, but according to the rules peace time It has been proven that participants in criminal proceedings can actively move around the territory of the country and beyond its borders in order to minimize threats to their health and life, which complicates both the realization of the procedural rights of the participants in criminal proceedings and their fulfillment of their procedural duties. The opinion is substantiated that changes related to the specifics of criminal proceedings under martial law should be formalized by a separate special law, which will come into force only in emergency conditions or under martial law. The factors that influence the fact that the norms of criminal procedural law, which were effective in peacetime, became ineffective in the conditions of martial law are identified: 1) the presence of a real threat to the health and life of the subjects of criminal proceedings (investigators, judges, prosecutors); 2) the existence of a real threat to the health and life of participants in criminal proceedings; 3) disorder in society, which occurs in extraordinary conditions, is used by individual participants in criminal proceedings to delay criminal proceedings or to avoid criminal justice; 4) lack of evaluation criteria in the conditions of martial law of violations by participants in criminal proceedings of their procedural duties; 5) the use of traditional forms of court proceedings, which in the conditions of martial law and conditions of scientific and technical progress, no longer meet the needs of modern civilized society; 6) the potential of the forms of protection of individual rights in criminal proceedings provided for by criminal procedural legislation is not fully used in practice.