Features of conducting investigative actions under the conditions of the martial state

Abstract

The article highlights the peculiarities of conducting investigative actions in the conditions of martial state in Ukraine. The changes to the Criminal Procedure Code of Ukraine were analyzed, namely: the possibility of making a decision to start a pre-trial investigation by the inquirer, investigator, prosecutor, if there is no technical possibility to access the Unified register of pre-trial investigations; execution of the powers of the investigating judge by the head of the relevant prosecutor’s office; the right to entrust the pre-trial investigation of any criminal offense to another pre-trial investigation body; the possibility of conducting investigative actions at night (from 10 p.m. to 6 a.m.); conducting a search or inspection of a person’s home or other possessions without the involvement of disinterested persons, in cases where their involvement is objectively impossible or is associated with a potential danger to their life or health; the possibility of remote participation of the defender in the investigation action.The authors draw attention to the fact that the rules for the use of testimony obtained under martial state have changed. Court decisions can be justified by testimony given to the investigator, prosecutor, even if the court did not directly perceive such testimony during the trial. The right of the inquirer, investigator, prosecutor to translate explanations, statements or documents, if he speaks one of the languages spoken by the suspect, the victim and in the presence of circumstances that make it impossible for the translator to participate in criminal proceedings, has been criticized. The issue of recording the progress and results of investigative actions by available technical means and the need to save copies of the protocols of investigative actions in electronic form is revealed.It has been established that, based on the analysis of the norms of criminal procedural legislation, the peculiarities of conducting and recording the course and results of investigative (search) actions in the conditions of martial law have been identified. The analyzed innovations are aimed at ensuring the effective functioning and activity of bodies that carry out pre-trial investigation and inquiry. At the same time, it is necessary to comply with all the requirements of the criminal procedural form, guarantees of the rights of participants in investigative (search) actions, take into account the potential danger to their life or health and the difficult conditions in which Ukraine is today, the conditions of the legal regime of martial law.