Peculiarities of detention under martial law

Abstract

The article provides a systematic analysis of the changes to the criminal procedural legislation that came into force after beginning of the full-scale war in Ukraine. Most of the attention is drawn to Section II Chapter 18 "Precautionary measures, detention of a person" and Section IX1 of the Criminal Procedure Code of Ukraine "Special regime of pre-trial investigation, trial under martial law". Such precautionary measure as detention is the most popular and at the same time the most severe. The purpose of the article is to single out the peculiarities of the procedure for the application of detention under martial law and to analyze court decisions on this issue.One of the novelties was the possibility of choosing detention by the head of the relevant prosecutor's office when there is no objective possibility for the investigating judge to exercise his powers. Such precautionary measure can be chosen for a period of up to 30 days and extended up to one month repeatedly within the period of pre-trial investigation.The author paid special attention to the procedure for canceling a detention for military service under conscription during mobilization, for a special period. Based on the analyzed court practice, it was concluded that in many cases, the suspect or accused makes a request to the investigating judge, which is a violation of the established procedure. Because according to the Criminal Procedure Code of Ukraine only the prosecutor has the right to submit the petition to the investigating judge.In addition, the article highlights other features of detention under martial law: the possibility of automatic extension of term; choosing only detention for persons who are suspected or accused of committing certain types of crimes; the right to conduct a court hearing by videoconference in a case concerning an election or continuation of detention, even if the accused is outside the premises of the court and objects etc.