Peculiarities of obtaining and evaluating as evidence information containing banking secrecy under martial law

Abstract

This article is devoted to a problem that is quite relevant in the current realities of Ukraine, namely, obtaining information containing bank secrecy during pre-trial investigation under martial law. This is due to the fact that due to Russia’s large-scale invasion of Ukraine, the normal procedure of criminal procedure activities of criminal justice authorities aimed at exercising their powers to collect evidence in criminal proceedings has been disrupted. In addition, it should be noted that the outbreak of Russia’s armed aggression in Ukraine has raised the issue of combating many types of criminal offenses, in particular, money laundering and terrorist financing, the commission and concealment of which is related to banking and financial institutions and institutions and information containing bank secrecy, which is of great evidentiary value in the detection, disclosure and investigation of these criminal offenses. For this purpose, the legislator introduced conceptual changes to the CPC of Ukraine, which delegated the function of judicial control to prosecutors. Nevertheless, the legislative construction of the procedure for obtaining such information under martial law causes certain difficulties due to existing legal conflicts.The absence of a well-established court practice on this issue leaves its mark on law enforcement activities to obtain such information. In order to identify the shortcomings of this procedure for obtaining information containing banking secrecy under martial law, it is necessary to analyze the legislative acts regulating this issue, identifying common features and signs. And after that, the main directions and proposals for improving the legislation on this issue should be determined for unambiguous use in law enforcement activities.