Legal regulation of the will of a person in relation to the conduct of criminal procedural actions in the conditions of martial law

Abstract

The article is devoted to the study of the legal regulation of a person's expression of will regarding the conduct of criminal procedural actions under martial law. When posing the problem, it is emphasized that the will of a person in criminal proceedings directly affects the activities of the subjects of the criminal process in terms of the realization of human rights and freedoms. In the process of revealing the state of development of the relevant issues, it is noted that scientists did not consider problematic issues regarding the legal regulation of the will of a person during criminal proceedings under martial law. In the course of the presentation of the main material, it is indicated that during the legal regime of martial law, the lack of consent to conduct criminal procedural actions can in exceptional cases be compensated by prosecutorial supervision (control). It is noted that the procedure for obtaining a court or prosecutor's (under martial law) permission is quite cumbersome, formalized and sometimes long, which determines the desire of the subjects of the prosecution to obtain in any way the consent of a person to conduct criminal procedural actions. Attention is drawn to the fact that the regulatory requirement regarding the written consent will not solve all the problems regarding its voluntary nature. It is determined that the subjects of the criminal process, abusing their powerful powers, through the use of coercion, may illegally obtain a person's "voluntary" consent to conduct procedural actions and record it through the drafting of a written document. It is noted that during the period of martial law, the situation with the "voluntariness" of written consent may deteriorate due to the conduct of military operations. the dangerous situation in certain territories, the limitation of procedural tools of proof during martial law creates a significant risk of ignoring the true will of a person regarding the implementation of criminal procedural actions. It is concluded that in order to prevent an irreparable violation of the rights and freedoms of a person who voluntarily consents to the implementation of criminal procedural actions during the period of martial law, it is advisable to provide for such a person at the legislative level the necessary procedural guarantees of rights and freedoms. It is noted that the scope of procedural guarantees should be determined depending on the degree of risk of violation of human rights and freedoms.