Legal regulation of criminal procedural detention in conditions of maritime

Abstract

The article investigates the issues of legal regulation of criminal procedural detention in martial law. During the statement of the problem it is noted that for the optimal application of measures of procedural coercion to suspects it is necessary to bring procedural norms in line with the real situation of hostilities. It is pointed out that this issue primarily concerns the legal regulation of isolation measures of procedural coercion, in particular, detention on suspicion of committing a criminal offense. In the course of disclosing the state of elaboration of the relevant issues, it is emphasized that today there are still problematic aspects of the normative regulation of criminal procedural detention in martial law. In the process of presenting the main material, it is noted that during martial law the procedure for releasing a detainee is subject to standardization due to the following: expiration of the maximum term of restriction of liberty; failure to deliver the detainee within the specified period to the entity that has to decide on the application of precautionary measures. Emphasis is placed on the fact that in the absence of the normative requirement of «immediacy» («validity») of detention, subjects of pre-trial investigation in martial law will be able to detain a suspect regardless of the time elapsed after the crime. It is stated that the obligatory further, “approximate” judicial control over the circumstances of the suspect’s detention is essential for the effective protection of human rights and freedoms in criminal proceedings under martial law. It is determined that during the legal regime of martial law, the normative indication of a reasonable period of delivery of the detained person to the pre-trial investigation body or the prosecutor’s office will not be superfluous. In the course of the research, it is noted that it is necessary to bring the legal regulation of preventive detention in line with the regulation of detention provided by the criminal procedure law. The general conclusion is made that there are problems of legal regulation of criminal procedural detention in martial law, which need to be identified.