ON THE ISSUE OF DEFINING CERTAIN ASPECTS OF THE SPECIAL REGIME OF PRE-TRIAL INVESTIGATION UNDER MARTIAL LAW

Abstract

The article is devoted to the determination of certain aspects of the special regime of pre-trial investigation in the criminal process of Ukraine under martial law. The specifics of improving existing and introducing new legal elements to the norms of current criminal procedural legislation are considered. A comparison of the provisions relating to the stage of pre-trial investigation in peacetime and during martial law is given separately. It is also emphasized the expediency of making certain stylistic adjustments to the constructions of certain norms of the current Criminal procedural law in the context of regulating the order of pre-trial investigation in the criminal process of Ukraine under martial law. It is proposed to amend the title and content of Chapter IX-1 of the Criminal procedural law of Ukraine in order to fully and comprehensively reflect the nature of the procedural actions that are carried out during the initiation of criminal proceedings, including the issuing of a resolution on the initiation of criminal proceedings. An addition to the current provisions of the law regarding the procedure for transferring pre-trial investigation materials from the prosecutor to the inquirer or investigator is proposed. The expediency of making changes to the law regarding the possibility of transferring such materials not only after entering the data into the relevant electronic register, but also after issuing the relevant resolution on the initiation of criminal proceedings was emphasized. Separately, attention is focused on the possibility of transferring the powers of the investigating judge to the head of the relevant prosecutor's office under certain conditions, and it is pointed out the impracticality of such decisions due to the emergence of legitimate questions regarding impartiality in the exercise of powers by the prosecutor. Attention was drawn to the availability of a mechanism for the cancellation of a preventive measure for military service upon conscription during mobilization, and an emphasis was placed on the list of criminal offenses that do not fall under it. The necessity of correcting this list by analyzing the necessity of the already mentioned articles and supplementing them with new ones was indicated. The author's opinion is expressed regarding the expediency of making certain adjustments, taking into account the provisions of other norms of the Criminal procedural law and legal technique in particular.