Legal regulation of hybrids of criminal procedural actions in martial law

Abstract

The article examines the legal regulation of hybrids of criminal proceedings in martial law. In the course of the problem, it is noted that one of the ways to optimize the legal regulation of criminal proceedings is to «merge» them by combining the relevant procedural tools. At the same time, it is noted that the legislative «combination» of criminal procedural actions during martial law may have a negative impact on ensuring the rights and freedoms of a person prosecuted. During the presentation of the main material it is noted that the greater the range of procedural means covered by investigative (investigative) action, the more evidence can be obtained in a situation where there is no safe access to the crime scene, there is a shortage of physical, technical and time resources, threat of active hostilities, etc. Attention is drawn to the fact that the value of hybrids of criminal procedural actions during hostilities lies in the fact that they are able to obtain the necessary evidence in any non-prohibited way in criminal proceedings. The «free combination» of criminal procedural means is considered more effective for the purposes of proving in a state of martial law than the implementation of certain formalized investigative (search) actions. It is emphasized that legislation may allow the use of «free» hybrids of procedural action, provided that such hybridization does not pose a risk of unlawful restriction (violation) of human rights and freedoms in criminal proceedings. In the event of a risk of unlawful restriction (violation) of human rights and freedoms, any hybridization of criminal proceedings should be prohibited by law. An exception is the situation in which a person in respect of whom a hybrid of criminal procedural actions is carried out is provided with effective procedural guarantees of rights and freedoms. It is emphasized that without the provision of effective procedural guarantees, it is not possible to talk about the use of hybridization of procedural actions against a person who is actually suspected or may be prosecuted in the future.