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DOI: https://doi.org/10.34069/AI/2023.64.04.22
How to Cite:
Kryvoruchko, L., Pylyp, V ., & Makarova, O. (2023). Activities of Ukraine law enforcement agencies to ensure the rights and
freedoms of citizens during martial law. Amazonia Investiga, 12(64), 228-236. https://doi.org/10.34069/AI/2023.64.04.22
Activities of Ukraine law enforcement agencies to ensure the rights and
freedoms of citizens during martial law
Діяльність правоохоронних органів України щодо забезпечення прав і свобод
громадян під час воєнного стану
Received: April 1, 2023 Accepted: May 25, 2023
Written by:
Larysa Kryvoruchko1
https://orcid.org/0000-0001-6635-2381
Web of Science ResearcherID: IQU-6733-2023
Victoria Pylyp2
https://orcid.org/0000-0001-6483-0749
Web of Science ResearcherID: IQU-6834-2023
Olena Makarova3
https://orcid.org/0000-0002-5480-5942
Web of Science ResearcherID: IQU-6878-2023
Abstract
The purpose of the study is to determine the
peculiarities of the implementation of law
enforcement functions, in particular, regarding
the protection of the rights and freedoms of
citizens in the conditions of the legal regime of
martial law by the relevant state authorities of
Ukraine.
The goal of the article was achieved thanks to the
use of a complex of general scientific, special and
statistical methods. In particular, such as the
method of system analysis, logical, methods of
induction and deduction, analysis and synthesis,
and a set of static methods.
Based on the results of the research, it was
determined that during the period of the legal
regime of martial law in Ukraine, there were
changes in substantive and procedural law, and
the legal statuses of representatives of individual
law enforcement agencies were revised. Some of
them, in particular the police, were given
additional powers. The dynamic character is also
inherent in both criminal and criminal procedural
legislation. The normative and legal amendments
aimed at creating a safe environment in society,
in particular regarding the protection of the rights
and freedoms of citizens, ensuring the proper
1
Leading Researcher of the Department of Scientific and Legal Expertise and Draft Law of the Scientific Institute of Public Law,
Doctor of Law, Kyiv, Ukraine.
2
Associate Professor of the Department of Administrative, Financial and Information Law of Uzhhorod National University, PhD in
Law, Uzhhorod, Ukraine.
3
Senior Lecturer of Department of Pedagogy and Psychology of Kharkiv National University of Internal Affairs, Candidate of
Psychological Sciences, Associate Professor, Kharkiv, Ukraine.
Kryvoruchko, L., Pylyp, V., Makarova, O. / Volume 12 - Issue 64: 228-236 / April, 2023
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state of public order and public safety, were
adopted and put into effect. It has been
established that the task of countering war
crimes, eliminating gaps in the current
legislation, developing and establishing effective
interaction of law enforcement agencies with
other enterprises, institutions, and organizations
is currently being updated.
Keywords: rights and interests of citizens, law
enforcement agency, legal regime of martial law,
judicial authorities, administrative proceedings,
criminal proceedings.
Introduction
The armed invasion of the territory of Ukraine
necessitated the introduction of a legal regime of
martial law on its territory. The legal regime of
martial law should be understood as a special
legal regime introduced in Ukraine or in some of
its localities in the event of armed aggression or
a threat of attack, danger to the state
independence of Ukraine, its territorial integrity,
and provides for the provision of appropriate
state authorities, military command, military
administrations and to local self-government
bodies, the powers necessary to avert the threat,
repulse armed aggression and ensure national
security, eliminate the threat of danger to the
state independence of Ukraine, its territorial
integrity, as well as temporary, due to the threat,
restriction of the constitutional rights and
freedoms of a person and a citizen and the rights
and legitimate interests of legal persons with an
indication of the period of validity of these
restrictions (Law of Ukraine No. 389-VIII,
2015).
As a result of the listed threats, there is a need to
limit the constitutional rights and freedoms of
natural persons - citizens of Ukraine, foreigners,
stateless persons, as well as the rights and
legitimate interests of legal entities, with an
indication of the period of validity of the relevant
restrictions. To a certain extent, this also affects
the activities of law enforcement agencies, the
main purpose of which is to protect the rights and
freedoms of the aforementioned participants in
legal relations, as well as the procedure for their
performance of law enforcement functions, the
implementation of law enforcement powers, etc.
They, in particular, had to perform additional
tasks, some were given additional powers, and
the activities of others were complicated by a
combination of factors determined by the
mentioned legal regime.
At the same time, the Basic Law of Ukraine - the
Constitution of Ukraine defines that its
provisions are norms of direct effect, and the
rights and freedoms of a person and a citizen are
not subject to restrictions, with the exception of
martial law or a state of emergency (Law of
Ukraine No. 254k/96-VR, 1996).
Based on the analysis of the provisions of the
Constitution of Ukraine and the Law of Ukraine
"On the Legal Regime of Martial Law", we come
to the conclusion that the rights and freedoms of
a person and a citizen, provided for by the Second
Section of the Constitution of Ukraine, may be
limited. Among them, in particular, the
following: the right to inviolability of housing
(Article 30); the right to confidentiality of
correspondence, telephone conversations,
telegraphic and other correspondence (Article
31); the right to freedom from interference in his
personal and family life (Article 32); the right to
freedom of movement, free choice of place of
residence, the right to freely leave the territory of
Ukraine (Article 33); the right to freedom of
thought and speech, to free expression of one's
views and beliefs (Article 34); the right to
participate in the management of state affairs, in
all-Ukrainian and local referendums, to freely
elect and be elected to state authorities and local
self-government bodies (Article 38); the right to
assemble peacefully, without weapons, and to
hold meetings, rallies, marches and
demonstrations, about which the executive
power bodies or local self-government bodies are
notified in advance (Article 39); the right to own,
use and dispose of one's property, the results of
one's intellectual and creative activity (Article
41); right to entrepreneurial activity (Article 42);
the right to work, which includes the opportunity
to earn a living by work that he freely chooses or
freely agrees to (Article 43); the right to strike to
protect one's economic and social interests
(Article 44); the right to education (Article 53)
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(Law of Ukraine No. 254k/96-VR, 1996; Law of
Ukraine No. 389-VIII, 2015).
As of March 2023, the state of war on the
territory of Ukraine has lasted for more than a
year. During this period, the legislative body - the
Verkhovna Rada of Ukraine - adopted a number
of laws, which definitely led to the reorientation
of the usual order of activity of state authorities
and local self-government. In the context of our
research, the normative novelties and certain
problematic aspects of the activity of law
enforcement agencies related to the provision of
law enforcement agencies with their main duties
due to them will be analyzed. The relevance of
this study is because such principles as legality
and the rule of law are mandatory for compliance
(Morska, 2022). At the same time, a person, his
life and health, honor and dignity, inviolability
and security are recognized as the highest social
value. Therefore, the implementation of law
enforcement functions, under such conditions,
should be carried out in a balanced way, so that
no body and its employee allow violation of
human rights and freedoms, as well as excess of
powers or abuse of them. We believe that the
current task should be to study the peculiarities
of the activities of law enforcement agencies of
Ukraine in the context of ensuring the rights and
freedoms of citizens under the conditions of the
legal regime of martial law, preventing their
violation and restoring those rights and
legitimate interests that have already suffered
illegal encroachments.
Methodology
The purpose of the study is to determine the
peculiarities of the implementation of law
enforcement functions by the relevant state
bodies of Ukraine in the context of the protection
of the rights and freedoms of citizens under the
conditions of the legal regime of martial law.
This goal was achieved thanks to the application
of a complex of general scientific and special
methods. Systematic approach in the application
of these methods made it possible to study the
raised problems in their dynamics and
interrelationship.
The methods of induction, deduction, systematic
analysis of normative and legal provisions made
it possible to reveal changes due to the
introduction of the legal regime of martial law,
which reformatted the order of their activity. The
same methods contributed to the identification of
problematic issues arising in the practical
activities of law enforcement agencies, as well as
the search for alternative ways of solving them.
Statistical methods were used during the study of
statistical reports, materials of criminal
proceedings. The logical method and the method
of generalization were used to form the
conclusions of the study.
Literature Review
A significant number of scientific works have
been devoted to the study of the peculiarities of
ensuring the rights and freedoms of a person and
a citizen. The subject of research by Ukrainian
scientists remains the peculiarities of limiting the
constitutional rights of a person and a citizen
under martial law (Panasiuk et al., 2022).
The scope of scientific research periodically
includes the problems of identifying certain
fundamental changes in criminal and criminal
procedural legislation, due to the current legal
regime of martial law. It is they, as scientists
point out, who currently embody the dynamics of
criminal law and process, and highlight the
directions of their further development
(Balobanova et al., 2022).
Scientists have not overlooked the peculiarities
of the investigation of crimes against humanity
committed in the context of military conflicts
(Myroshnychenko et al., 2022), because given
the circumstances taking place in the world, this
problem is one of the most relevant Scientists pay
great attention to the study of the peculiarities of
the investigation of certain types of crimes under
martial law. Thus, the specifics of investigating
corruption crimes, innovations in anti-corruption
legislation, and changes in criminal procedural
legislation were subject to a separate study
(Lisitsyna et al., 2022). Scientists were also
engaged in the study of innovative technical
forensic tools, which can be recognized as
alternative means of increasing the effectiveness
of criminal justice in Ukraine, in particular, in the
conditions of the legal regime of martial law
(Husieva et al., 2022).
Scientific searches in the context of possible
ways of solving issues related to the restoration
of violated rights are gaining relevance, in
particular in connection with causing property
(material) damage due to damage to the property
of citizens (Gramatskyy et al., 2022). Separate
studies are devoted to the investigation of crimes
of general criminal orientation (Husieva, 2022),
and even the protection of individual rights in
executive proceedings under martial law
(Prytuliak et al., 2022).
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In this way, the work of scientists is quite
thorough, but the problems of the law
enforcement agencies of Ukraine regarding the
protection of the rights and freedoms of a person
and a citizen under the conditions of the legal
regime of martial law have not yet been
comprehensively investigated. Given that such
practical activity is complex and subject to
constant regulatory changes, we consider it
appropriate to investigate the problematic issues
that arise during its implementation under the
mentioned conditions.
Results and discussion
Law enforcement agencies of Ukraine have been
at the stage of reform for a long time, this has led
to the fact that their unified system has not yet
been formed. In various normative and legal
sources, different approaches of the legislator to
the interpretation of which state bodies belong to
the category of law enforcement are reflected. So
according to Art. 2 of the Law of Ukraine "About
the State Protection of Court Employees and Law
Enforcement Bodies", they include the
prosecutor's office, the National Police, the
security service, the Military Law and Order
Service of the Armed Forces of Ukraine, the
National Anti-Corruption Bureau of Ukraine,
state border protection authorities, the Bureau of
Economic Security of Ukraine, bodies and
institutions for the execution of punishments,
pretrial detention facilities, bodies of state
financial control, fisheries protection, state forest
protection, other bodies that perform law
enforcement or law enforcement functions
(Law of Ukraine No. 3781-XII, 1993).
The Law of Ukraine "About the National
Security of Ukraine" states that law enforcement
agencies belong to the system of the security and
defense sector of Ukraine, as well as state bodies
of special purpose with law enforcement
functions, but exhaustive lists of such bodies are
not given (Law of Ukraine No. 2469-VIII, 2018).
That is why, in addition to those defined above,
some scientists include the court, the National
Asset Recovery Agency, the Foreign Intelligence
Service of Ukraine, customs authorities, the State
Security Office of Ukraine, etc., in the category
of these bodies. Thus, the system of law
enforcement agencies of Ukraine is constantly
changing, which is due to the formation,
liquidation, reorganization of certain agencies.
Considering that one of the urgent issues is the
development of modern mechanisms for
ensuring the functioning of the security and
defense sector, its constituent elements, during
the performance of the tasks assigned to them
under the conditions of the legal regime of
martial law, we consider it appropriate to
determine the specifics of the activities of those
of them, the main task of which is to ensure
human rights and freedoms.
Such bodies definitely include the bodies of the
National Police of Ukraine, the activities of
which, due to the introduction of the legal regime
of martial law, underwent certain changes
defined by the Law of Ukraine "On Amending
the Laws of Ukraine "On the National Police"
and "On the Disciplinary Statute of the National
Police of Ukraine" in order to optimize their
activities of the police, including during martial
law" dated March 15, 2022 No. 2123-ІХ. The
latter, in particular, were given additional powers
in order to create appropriate conditions for
countering internal threats of martial law. As for
direct powers, among them, in particular, the
following:
− a police officer, upon written request,
receives from state bodies, local self-
government bodies, legal entities of state
ownership information necessary for the
performance of tasks and powers of the
police, in particular about prisoners of war;
− escorting persons detained on suspicion of
committing a criminal offense, taken into
custody, accused or sentenced to
imprisonment, as well as guarding them in
the courtroom;
− a police officer can detain in temporary
detention centers persons detained for
committing criminal or administrative
offenses, persons for whom detention has
been applied as a preventive measure,
persons subject to administrative arrest, as
well as accused and convicted persons;
− the implementation of operational demining
by the police: detection, neutralization and
destruction of explosive objects;
− technical and forensic support for inspection
of the scene of the event (in particular,
related to fires) and special explosive
engineering work following the facts of
explosions, receipt of reports on the
discovery of suspicious explosive objects,
the threat of an explosion;
− representation and fulfillment of obligations
of Ukraine in the International Criminal
Police Organization - Interpol;
− cooperation with the European Police Office
(Europol);
− collection of biometric data of persons by
fingerprinting;
− implementation of administrative
supervision in accordance with the law
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(Law of Ukraine No. 2123-ІХ, 2022). We
consider it appropriate to emphasize that
most of these additional powers are of an
operational nature, some measures are of a
preventive and prophylactic nature,
however, as O. Bezpalova correctly noted,
all of them are aimed at ensuring the proper
state of public order and ensuring the rights
of citizens (Bezpalova, 2022, p. 17).
During martial law, if it is necessary to repulse
an attack or when arresting a person who has
committed an offense and is resisting a police
officer, he has the right to use both coercive
measures and improvised means. In particular, it
is allowed to use coercive measures without
warning, to strike with special means without
restrictions on the location of their application, as
well as to use firearms. Regarding the expanded
powers of the police, special discussions were
caused by the possibility of using improvised
means within the scope of coercive measures.
We believe that a significant legal gap, taking
into account the principle of imperativeness, in
this aspect is the absence of a normatively
established definition of the concept of "at hand
means". This can lead to arbitrariness on the part
of representatives of law enforcement agencies,
as well as complicate the process of providing a
legal assessment of the actions of police officers,
including, regarding the qualification of their
actions under Article 365 of the Criminal Code
of Ukraine "Exceeding authority or official
powers by an employee of a law enforcement
agency" (Law of Ukraine No. 2341-III, 2001).
They do not lose their relevance, but on the
contrary, their significance increases, especially
in the conditions of the legal regime of martial
law, the performance by the National Police
bodies of the tasks assigned to them, defined in
Article 2 of the Law of Ukraine "On the National
Police". Such tasks are the provision of police
services in the following areas: 1) ensuring
public safety and order; 2) protection of human
rights and freedoms, as well as the interests of
society and the state; 3) combating crime;
4) providing, within the limits defined by law,
assistance services to persons who, for personal,
economic, social reasons or as a result of
emergency situations, need such assistance
(Law of Ukraine No. 580-VIII, 2015). Their
significant relevance is due to current crime
rates. Therefore, we propose to determine the
peculiarities of the activities of the National
Police bodies in ensuring the rights and freedoms
of citizens, taking into account the existing trends
in society and criminogenic factors.
As a rule, the largest specific gravity among
registered criminal offenses is those that
encroach on property. So, for example, the
number of fraud proceedings in 2022 increased
by 34% compared to the previous year.
Currently, the most frequent reasons for
misleading citizens are proposals to carry out a
pseudo-evacuation, as well as to collect money or
other material assets for the needs of the Armed
Forces of Ukraine, in order to provide
humanitarian aid to representatives of society in
need.
Advertisements about the organization of passive
income are growing on the Internet, which
Ukrainians who have lost their jobs due to
hostilities or are forced to look for alternative
ways to increase their earnings are quite actively
responding to them. Common methods of
misleading are offers to invest in securities
(stocks, bonds, futures, options) or
cryptocurrency. Thus, at the end of 2022,
representatives of the Cyber Police Department
of Ukraine, together with the Main Investigative
Department of the National Police of Ukraine,
the Office of the Prosecutor General of Ukraine,
representatives of Europol and Eurojust exposed
five citizens of Ukraine who were participants in
a large-scale international criminal scheme
(Cyber Police Department of Ukraine, 2022).
Such events, due to their transnational nature,
actualize the task of strengthening international
cooperation to develop mutual approaches to the
development of universal standards and
instructions for the implementation of
cybercrime documentation, as well as the
recognition of certain illegal acts as crimes in
national legislation (Pohoretskyi et al., 2022).
As for other criminal offenses against property,
the commission of which causes material damage
to citizens, they currently contain new qualifying
features - increased criminal liability for their
commission "under conditions of war or a state
of emergency" (Articles 185-187, 189, 191 of the
Criminal Code of Ukraine). The purpose of such
innovations was to protect the property of
citizens from looting, because many houses,
apartments and other immovable and movable
property were left unattended by the legal
owners, taking into account the need to preserve
their own life and health, as well as ensure
personal safety. Regarding the definition of the
specifics of law enforcement agencies, this led to
a decrease in the number of criminal
misdemeanors registered, but additionally
overloaded the pretrial investigation bodies of
the National Police, because under such
conditions, these criminal offenses belong to the
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categories of serious or especially serious crimes,
depending on the sanctions of the article.
The criminalization of some acts, in particular
those related to economic activity, introduced by
the legislator, affected the specifics of the
activities of the pre-trial investigation bodies of
the National Police. During the period of martial
law, the volunteer movement began to develop
rapidly. In 2022, 2,383 people were registered in
the Register of Volunteers, which is 8.4 times
more than during the entire period of its
existence. By 2022, only 320 Ukrainians were
registered in it. The activity of volunteer
organizations, in particular for the provision of
humanitarian aid, charitable donations, etc., is an
opportunity provided and guaranteed by
international law to ensure the natural human
rights to life, health, a decent standard of living,
etc. The Geneva Conventions of 1949 and their
additional protocols stipulate that every
democratic state governed by the rule of law
must ensure the right of its citizens to an adequate
standard of living. The same normative legal
documents define measures aimed at protecting
those people who do not take part in military
operations, including: civilians, health care
workers, humanitarian workers (Commissioner
for Human Rights of the Verkhovna Rada of
Ukraine, 1949). As rightly pointed out in the
legal literature, this is the basis of humanitarian
law (Danielsson & Polasek, 2020). Taking into
account the abuse of certain representatives of
society, there was a need to criminalize illegal
actions related to the illegal use for the purpose
of obtaining profit from humanitarian aid,
charitable donations or free aid (Article 201-2 of
the Criminal Code of Ukraine). As a rule, this
criminal offense occurs due to the presence of
two factors: 1) the donor organization can work
and mostly works abroad and does not always
have the opportunity to have its representative
physically present during the "distribution" of
humanitarian aid; 2) due to the lack of a system
of supervision, which is the basis for the
corruption of local officials. After all, the
practice of involving local authorities and local
self-government, and sometimes even police
officers themselves in this process is quite
common.
Although the criminalization of this illegal act
took place relatively recently, according to the
statistics of the Office of the Prosecutor General,
in 2022 (as of March 24) 384 facts of illegal use
for profit of humanitarian aid, charitable
donations or free aid were registered. At the same
time, only 58 (over 15%) reports of suspicion
were served, and only 25 (6.5%) criminal
proceedings were sent to court with an
indictment. The latency of this criminal offense
should also be emphasized. The given facts and
indicators, obtained as a result of the
summarization of the materials of investigative
and judicial bodies, allow us to state the need to
increase the efficiency and activation of the
activities of law enforcement officers and
representatives of the public in this direction,
because it is unacceptable to violate the norms of
humanitarian law.
Other factors also led to the overloading of
investigative bodies of the National Police. Thus,
they are entrusted with the duty to respond to the
statements and reports of citizens, in particular,
to send police forces and equipment necessary
for the protection of human rights and freedoms,
guaranteed by the Constitution and laws of
Ukraine, as well as international treaties of
Ukraine, to the places of events, consent to the
obligation the binding nature of which is granted
by the Verkhovna Rada of Ukraine, and
assistance in their implementation. It is enshrined
in the Instruction on the Organization of
Response to Statements and Notifications of
Criminal, Administrative Offenses or Events and
Operational Information in Bodies (Units) of the
National Police of Ukraine: approved by the
Order of the Ministry of Internal Affairs of
Ukraine dated April 27, 2020 No. 357. Because
of these provisions, investigators who serve in
areas of hostilities, carry out visits based on the
fact of damage to the homes of citizens, conduct
there based on Part 3 of Art. 214 of the Criminal
Procedure Code of Ukraine inspects the scene of
the incident based on such facts, as well as
implement other measures provided for by the
Law of Ukraine "On the National Police". In fact,
under such conditions, the investigators of the
National Police form the primary material that
testifies to the commission of a criminal offense
provided for in Art. 438 "Violation of the laws
and customs of war", after which a pre-trial
investigation begins, and the prosecutor's office
based on Art. 216 of the Criminal Procedure
Code of Ukraine determine the jurisdiction of
these criminal offenses by the security authorities
(Law of Ukraine No. 4651-VI, 2012).
Relevant legislative changes should be
accompanied by appropriate scientific support
and taken into account when organizing the
professional activities of law enforcement
officers. In this regard, the proposal to develop a
strategy for training personnel for the police is
considered appropriate. For example, the
Personnel Policy Strategy of the National Police
of Ukraine. A Plan of measures for its
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implementation must be developed before it. At
the same time, it should provide for the task of
introducing, within the framework of the initial
professional training of police officers, service
training and post-graduate training courses in
special pre-medical training, the rules of conduct
under the conditions of hostilities (Ivanytsia et
al., 2022).
It has undergone corresponding changes during
the period of the wartime legal regime and the
activity of security agencies - the Security
Service of Ukraine. The performance of this
special purpose state body with law enforcement
functions, which ensures the state security of
Ukraine, among other things, is entrusted with
the task of protecting the legitimate interests of
the state and the rights of citizens from the
intelligence and subversive activities of foreign
special services, encroachments by individual
organizations, groups and individuals. Moreover,
the investigation of many war crimes belongs to
the powers of investigative security agencies. In
this aspect, the dynamic character of the criminal
law of Ukraine should be noted, in particular, in
the part of issues of criminal responsibility for
crimes against the foundations of national
security of Ukraine, which is inherent in the
period of martial law. Yes, in Art. Art. 111-1
"Collaborative activity", 111-2 "Assistance to the
aggressor state", 114-2 "Unauthorized
dissemination of information about the transfer,
transfer of weapons, armaments and military
supplies to Ukraine, the movement, transfer or
placement of the Armed Forces of Ukraine or
others formed accordingly to the laws of Ukraine
of military formations, committed in conditions
of war or state of emergency" criminalized new
illegal acts. Many articles of the Criminal Code
of Ukraine have been revised, including: Article
111 "Treason", 113 "Sabotage", military criminal
offenses, because the article appeared. 435-1
"Insulting the honor and dignity of a serviceman,
threatening a serviceman." Supplemented with a
separate article Chapter XX "Criminal offenses
against peace, security of humanity and
international legal order" – article 436-2
"Justification, recognition as legitimate, denial of
armed aggression of the Russian Federation
against Ukraine, glorification of its participants."
In this regard, the employees of the Security
Service of Ukraine, in the conditions of a
shortage of scientifically based
recommendations regarding the investigation of
many criminal offenses, under the conditions of
wartime, threats to their own lives and health, are
forced to fulfill their professional powers.
In order to observe and implement the principle
of protection of the highest social value - human
life and health, the legislator made significant
changes to the criminal procedural legislation. In
particular, the amendment of the current
Criminal Procedure Code of Ukraine with
section IX-1 "Special regime of pre-trial
investigation, trial under martial law" was a
significant amendment. As rightly emphasized in
the legal literature, these changes are designed to
minimize the need for direct participation of
citizens in the implementation of procedural
actions (Balobanova et al., 2022). An example in
this aspect can be the provisions of Part 11 of Art.
615 of the Criminal Procedure Code of Ukraine,
according to which statements obtained during
the interrogation of a witness, victim, including
the simultaneous interrogation of two or more
already interrogated persons, in criminal
proceedings carried out under martial law, can be
used as evidence in court exclusively in case the
course and results of such an interrogation were
recorded using available technical means of
video recording. This approach is significantly
different from the general procedure, due to
which pre-trial depositions that have not been
deposited, obtained in criminal proceedings
during the period of martial law, can be used as a
source of evidence in court proceedings, if the
conditions specified in Art. 615 of the Criminal
Procedure Code of Ukraine and the restrictions
provided for by Art. 87 of this Code.
Conclusion
The activities of law enforcement agencies of
Ukraine, which have been in the reform stage for
a long time, have undergone certain changes.
This is due to the introduction of the legal regime
of martial law. The existing state of affairs
actualized the need to establish as a priority area
of activity of these bodies - maintaining the
proper state of the safety environment for the
population. This led to the need to grant certain
law enforcement agencies additional powers
during the period of martial law, criminalization
of certain social relations, and changes to
material and procedural law.
Over the past year, many normative and legal
novelties have been enshrined in the Criminal
Code of Ukraine, the Criminal Procedural Code
of Ukraine, the Laws of Ukraine "On the
National Police", "On the Security Service of
Ukraine", as well as in a number of secondary
legal acts. All of them are aimed at ensuring the
ability of law enforcement agencies to exercise
their professional powers in the direction of
protecting the rights and freedoms of citizens,
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ensuring the proper state of public order and
public safety.
At the same time, under the conditions of the
current legal regime, the task of countering war
crimes has been updated. This concerns the
investigation of war crimes, as well as criminal
offenses of a general criminal orientation, which
under modern conditions have not become less
common, but on the contrary, have changed both
their quantitative and qualitative indicators. In
addition, they have undergone corresponding
changes in terms of both legal qualifications,
methods of execution, reasons and conditions
that contribute to the realization of criminal
intent, etc.
The conducted analysis of regulatory and legal
changes confirmed that appropriate reforms have
taken place in the usual order of activity of law
enforcement agencies due to the introduction of
martial law. Taking into account this, as well as
statistical indicators of crime, promising areas of
scientific research are determined. They are
peculiarities of the interaction of law
enforcement agencies with state authorities,
military administrations, local self-government
bodies, public representatives, journalists,
volunteers and international organizations in the
field of protection and protection of the rights of
citizens who are in the zone of active hostilities,
in occupied and de-occupied territories.
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