PRACTICE OF INVESTIGATING CRIMES AGAINST THE FOUNDATIONS OF UKRAINE’S NATIONAL SECURITY UNDER MARTIAL LAW (BASED ON THE EXAMPLE OF THE INVESTIGATION DEPARTMENT OF THE MAIN DIRECTORATE OF THE NATIONAL POLICE IN KHERSON REGION)

Abstract

In the context of the full-scale armed invasion of the Russian Federation into the territory of Ukraine, the issue of ensuring national security has acquired particular importance. The war and the occupation by the aggressor state of part of the territory of Ukraine have led to the emergence of new forms and methods of committing crimes directed against the foundations of statehood, territorial integrity and sovereignty of the country. Among such crimes, a special place is occupied by encroachment on the territorial integrity and inviolability of Ukraine, high treason, collaboration, aiding the aggressor state, sabotage and other actions that directly undermine the principles of national security and the defense capability of the state. The investigation of crimes of this category in front-line regions has its own specifics and is accompanied by a number of significant difficulties. These include limited material and technical resources, a shortage of qualified personnel, high risks to the lives of investigators and operational workers, as well as the difficulty of collecting evidence in conditions of constant shelling, temporary occupation of certain territories and mass displacement of the population. A significant problem is also ensuring the legal status of witnesses, victims and persons providing evidence in criminal proceedings, who are often in combat zones or temporarily occupied territories. A number of new challenges have arisen in the law enforcement system that require a prompt response, professional adaptation and revision of traditional approaches to organizing pre-trial investigations. An important direction for improving investigative activities is the introduction of modern digital technologies, the use of open source intelligence (OSINT), recording crimes using video and photographic materials, as well as the use of international standards of evidence provided for by the Berkeley Protocol. These tools ensure the proper level of documentation and admissibility of digital evidence in court. These circumstances led to the introduction and use of new, effective and efficient methods for detecting, recording and documenting this category of crimes, in particular by the investigative units of the Kherson region.