PROBLEMS OF CONDUCTING THE INSPECTION OF THE INCIDENT SITE UNDER CONDITIONS OF APPROACHING COMBAT ACTIONS: WAYS TO RESOLVE THEM

Abstract

The relevance of the article stems from the full-scale invasion of Ukraine by the Russian Federation in February 2022, which has caused profound transformations in criminal proceedings. The crime scene examination (CSE), as a key investigative (search) action provided for by Article 237 of the Criminal Procedure Code (CPC) of Ukraine, has faced unprecedented challenges. Conducting CSE is complicated by the immediate proximity to the frontline, which impedes access to the scene, the proper documentation of evidence, and its subsequent preservation. Investigators, prosecutors, and experts face a direct threat from the constant risks of repeated shelling (so-called “double taps”) and the extremely high level of landmine contamination in the territories. This renders traditional inspection methods ineffective, dangerous, or impossible, delaying the investigation of war crimes and undermining the principles of criminal proceedings. In Ukraine, over 70% of criminal proceedings concerning war crimes relate to events in de-occupied territories, where examinations are often conducted under hazardous conditions. This systemic problem threatens the efficiency of the process and the objectivity of evidence collected in high-risk zones. The purpose of the article is to identify the key problems of conducting CSE during wartime and to substantiate ways to solve them. Martial law changes priorities, making the safety of participants more important. Extraordinary circumstances justify amendments to the CPC to protect investigative-operational groups. It is proposed: to amend Article 238 of the CPC (examination of a corpse in a safe place, mobile DNA laboratories); to use AI for analyzing images from drones; to strengthen coordination with the Armed Forces of Ukraine (AFU) (using intelligence data), which requires a joint interagency act (investigative bodies and the AFU) for coordination in high-risk zones; and to implement robotic systems for demining and examination.