Ensuring the admissibility of evidence by the prosecutor in martial law regime

Abstract

The article is devoted to the study of the prosecutor's ensuring of the admissibility of evidence in martial law regime. It is noted a relevance of this issues due to the lack of special research on both the role of the prosecutor in ensuring the admissibility of evidence and the specifics of this activity during martial law regime. The latest amendments to the Criminal Procedure Code of Ukraine, which are in force since May 1, 2022, are analyzed, in particular in the powers of the prosecutor about ensuring the admissibility of evidence.
 It is proved that the specifics of the prosecutor's admissibility of evidence in criminal proceedings under martial law regime is: the availability of additional groups of powers to ensure the admissibility of evidence (in particular, powers, that realized independently by the prosecutor during martial law regime; powers of the prosecutor to apply to the head of the prosecutor's office with motions in situations where there is no objective possibility of the investigating judge to execute the powers listed in paragraph 2, part 1 of Article 615 of the CPC of Ukraine; to ensure compliance with the procedure for gathering evidence); wide cooperation with the head of the prosecutor's office; proof of the lack of an objective possibility for the investigating judge to execute the powers provided for in Articles 140, 163, 164, 170, 173, 186, 187, 189, 190, 206, 219, 232, 233, 234, 235, 245-248, 250 and 294 CPC of Ukraine; opportunity to obtain testimony that will be used as evidence in court.
 It is indicated that the key aspect in ensuring the admissibility of evidence by the prosecutor in martial law regime is the justification in the motion to the head of the prosecutor's office that there is no objective possibility of the investigating judge to execude his powers, otherwise in the future there is a risk of finding inadmissibility of evidence.
 It is argued that there is a conflict over the appropriate subject of suspension of pre-trial investigation during martial law regime, in connection with which it is proposed to clarify the provisions of Art. 280 of the CPC of Ukraine concerning the subject of suspension of pre-trial investigation during martial law regime.