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DOI: https://doi.org/10.34069/AI/2023.65.05.2
How to Cite:
Husieva, V., Shynkarenko, I., & Pylyp, V. (2023). Theoretical and practical problems of conducting criminal and administrative
proceedings in Ukraine under martial law. Amazonia Investiga, 12(65), 20-28. https://doi.org/10.34069/AI/2023.65.05.2
Theoretical and practical problems of conducting criminal and
administrative proceedings in Ukraine under martial law
Теоретичні та практичні проблеми здійснення кримінальних та адміністративних
проваджень в Україні в умовах воєнного стану
Received: February 3, 2023 Accepted: April 5, 2023
Written by:
Vlada Husieva1
https://orcid.org/0000-0001-8614-1573
Web of Science Researcher ID: AAH-3724-2019
Iryna Shynkarenko2
https://orcid.org/0000-0001-7136-3333
Web of Science Researcher ID: ISA-9824-2023
Victoria Pylyp3
https://orcid.org/0000-0001-6483-0749
Web of Science Researcher ID: IQU-6834-2023
Abstract
The purpose of the study was to determine the
theoretical and practical problems of conducting
criminal and administrative proceedings in
Ukraine during martial law. Its achievement
became possible thanks to the solution of the
main tasks: analysis of judicial and investigative
practice, regulatory provisions.
To achieve the goal, a system of general
scientific and special methods was used, which
made it possible to take into account the
peculiarities of the object and subject of research,
in particular: methods of formal logic, special
legal methods, and comparative legal methods;
historical-legal, systemic-structural, sociological
methods.
Significant changes in the legal system of
Ukraine during martial law are emphasized.
Areas of improvement of the current legislation
have been determined, with the aim of solving
theoretical and practical problems of conducting
criminal and administrative proceedings in
Ukraine during the martial law. These are:
1) expanding the list of administrative offenses
that can be prosecuted in a simplified manner;
2) introduction of administrative responsibility
for the commission of certain acts during the
period of martial law; 3) establishing the court's
1
Professor of the Department of Criminalistics, Forensic Science and Pre-medical care of Kharkiv National University of Internal
Affairs, Doctor of Law, Professor, Kharkiv, Ukraine.
2
Associate Professor of the Investigative Activities and Crime Solution of Kharkiv National University of Internal Affairs, Candidate
of Law, Associate Professor, Kharkiv, Ukraine.
3
Associate Professor of the Department of Administrative, Financial and Information Law of Uzhhorod National University, PhD in
Law, Uzhhorod, Ukraine.
Husieva, V., Shynkarenko, I., Pylyp, V. / Volume 12 - Issue 65: 20-28 / May, 2023
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duty to verify the existence of an objective
impossibility for the prosecutor to appeal to the
court with an indictment, etc.
Keywords: criminal proceedings, pretrial
investigation, administrative proceedings, legal
regime of martial law, investigator, criminal
offense, crime.
Introduction
The military aggression by the Russian
Federation on the territory of Ukraine, which
began in 2022 and continues to this day, has
taken the form of a full-scale invasion. This led
to the fact that the President of Ukraine made a
decision to introduce a legal regime of martial
law on the entire territory of Ukraine on February
24, 2022 (Decree of the President of Ukraine
No. 64/2022, 2022). The need to introduce this
legal regime was due to threats to the territorial
integrity of Ukraine and the independence of our
state. The legal consequences of the introduction
of martial law were the adoption of a decision to
limit the legal status of participants in social
relations.
The Constitution of Ukraine defines a detailed
list of human and citizen rights and freedoms, as
well as rights and legal interests of legal entities
that may be limited. The same regulatory
provisions have found their consolidation in
other legislative acts. At the same time, it should
be noted that legislative activity of the parliament
of Ukraine was observed in 2022. In particular, it
adopted a significant number of laws and
resolutions that not only introduced a new order
of legal regulation. That is, the introduction of
the legal regime of martial law provoked further
changes in the legislative system of Ukraine. The
system of administrative and criminal legislation
did not become an exception. This also led to a
reorientation of the directions of scientific
research.
Criminal procedural legislation, in particular in
the part of regulating social relations related to
the commission of criminal offenses and their
investigation, develops in accordance with the
existing realities of social life. Modern features
of the development of its institutions are
determined by the legal regime introduced on the
territory of Ukraine. Therefore, in the period
from 2014 to 2022, it underwent many changes,
including:
1) Addition of Chapter IX-1 of the Criminal
Procedure Code of Ukraine (Law of Ukraine
No. 1631-VII, 2014). This section was
named "Special regime of pre-trial
investigation of a military, state of
emergency or in the area of an anti-terrorist
operation".
2) Adoption of the Law of Ukraine "On
Amendments to the Criminal Procedure
Code of Ukraine regarding the improvement
of certain provisions in connection with the
implementation of a special pre-trial
investigation" (Law of Ukraine No. 1422-
IX, 2021).
3) The title of Chapter IX-1 of the Criminal
Procedure Code of Ukraine was changed to
"Special regime of pre-trial investigation of
a state of war, state of emergency or in the
area of an anti-terrorist operation or
measures to ensure national security and
defense, repel and deter armed aggression of
the Russian Federation on the territory of
Ukraine". This name was kept until February
24, 2022, that is, before the beginning of the
full-scale invasion of the Russian Federation
troops on the territory of Ukraine.
After February 24, 2022, there were several more
changes to the analyzed section of the Criminal
Procedure Code of Ukraine. It was significantly
supplemented with new provisions. Yes, in
accordance with the Law of Ukraine "On
Amendments to the Criminal Procedure Code of
Ukraine Regarding the Procedure for Canceling
a Precautionary Measure for Completion of
Military Service Upon Conscription During
Mobilization, for a Special Period or Its Changes
for Other Reasons" dated March 15, (Law of
Ukraine No. 2125-IX, 2022). It was named
"Special regime of pre-trial investigation, trial in
conditions of war, state of emergency or in the
area of anti-terrorist operation or measures to
ensure national security and defense, repel and
deter armed aggression of the Russian Federation
and/or other states against Ukraine." Due to the
change in the name of the section, a new norm
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was formed - Art. 616 of the Criminal Procedure
Code of Ukraine. However, it is appropriate to
emphasize that later, in April 2022, Art. 615 of
the Criminal Procedure Code of Ukraine and
added a new norm - Art. 615-1. It was introduced
by the Law of Ukraine "On Amendments to the
Criminal Procedure Code of Ukraine on
Improving the Procedure for Conducting
Criminal Proceedings in Martial Law" dated
April 14, 2022. The name of the section was also
changed - "Special regime of pre-trial
investigation, trial under martial law" (Law of
Ukraine No. 2201-IX, 2022).
Substantial changes have been made to the norms
of material law, in particular, administrative and
criminal. The peculiarities of the implementation
of these provisions are associated with certain
difficulties, which require additional research
and resolution. Some changes have also been
made to the legislative provisions regulating the
procedure for judicial proceedings on the
territory of Ukraine, in particular under the
conditions of the legal regime of martial law.
Normative and legal changes have already
regulated the usual procedure of law enforcement
agencies in a new way, introduced the formation
of new law enforcement practice and caused the
emergence of some difficulties in the
implementation of the professional activities of
law enforcement agencies. These legislative
novelties have a significant impact on the
activities related to the investigation of criminal
proceedings; they affected the peculiarities of
their judicial proceedings, as well as certain
aspects of the implementation of administrative
proceedings. Therefore, the task of research and
definition of theoretical and practical problems
of carrying out criminal and administrative
proceedings in Ukraine under the legal regime of
martial law was updated.
Methodology
The purpose of the study was to determine the
theoretical and practical problems of conducting
criminal and administrative proceedings in
Ukraine under the legal regime of martial law.
Achieving this goal became possible thanks to
the solution of the main tasks: analysis of judicial
and investigative practice, analysis of regulatory
provisions.
To achieve the set goal, the work used a system
of general scientific and special methods that
allowed to optimally take into account the
peculiarities of the object and subject of research,
in particular: methods of formal logic (analysis,
synthesis, deduction, induction, analogy,
abstraction), special legal methods, primarily
comparative legal; historical-legal, systemic-
structural, method of systemic analysis,
sociological.
Literature Review
Scientists subject the normative changes that the
current legislation of Ukraine has undergone to
constant analysis and study. Ukrainian
researchers pay detailed attention to the study
and analysis of legal mechanisms for limiting the
constitutional rights of a person and a citizen
under martial law (Panasiuk et al., 2022).
Domestic scientists studied the issue of economic
and legal regulation of the organization and the
implementation of economic activity by
economic entities in the conditions of the
implementation of the martial law regime
(Sieriebriak, 2022). The problems of the
environmental and legal component of criminal
offenses under martial law were also subject to
separate analysis, as the risk of man-made
accidents and environmental disasters, because
they threaten safety: ecological and human
(Anisimova et al., 2023).
Scientists also study the peculiarities of
regulating the activities of local self-government
bodies under martial law. Based on the results of
the research, they note the lack of legal
mechanisms for the implementation of the
powers of these bodies (Yuvsechko et al., 2023).
The problems of investigation and trial of crimes
committed during the war in Ukraine are subject
to active study (Ortynska et al., 2022). The
representatives of scientific groups consider the
peculiarities of legal regulation and practical
issues of ensuring the rights of victims under the
Criminal Procedure Code of Ukraine. According
to the results of such studies, they state that there
is no legal regulation of the mandatory
participation of the victim's advocate in criminal
proceedings (Rakipova et al., 2023).
Considering the increase in the ways of money
laundering, illegal use, for the purpose of
obtaining profit of humanitarian aid, charitable
donations or free aid, committing corruption
offenses, these problems also attract the attention
of Ukrainian scientists (Utkina, Reznik,
Pavlenko, 2022; Lisitsyna et al., 2022).
Some features of legislative novelties that were
adopted and implemented during the last year in
the criminal and criminal procedural legislation
of Ukraine, in connection with the introduction
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of the legal regime of martial law, were also
analyzed by domestic scientists (Balobanova
et al., 2022; Udalova, & Khablo, 2022). Forensic
scientists are actively developing and
determining the prospects for the construction of
separate forensic methods (Husieva, 2021;
Stepaniuk, Husieva, & Kikinchuk, 2023).
The prospects of creating military justice in
Ukraine were also subject to study and analysis
by Ukrainian researchers (Niebytov et al., 2022).
In addition, this is understandable, because
currently the number of both military
administrative offenses and criminal offenses has
increased. This proves the need to ensure that
competent specialists carry out the investigation.
After all, such a guarantee is enshrined not only
in the national legislation of Ukraine, but also in
international legal acts. Thus, in accordance with
Article 8 of the Universal Declaration of Human
Rights of 1948, Article 14 of the International
Covenant on Civil and Political Rights of 1966,
one of the rights of a person is the right to have
his case heard by a competent court (Universal
Declaration of Human Rights, 1948; The
International Covenant on Civil and Political
Rights, 1973). The foregoing substantiates the
need not only for the need to create a competent
judicial system, but also to entrust the pre-trial
investigation to competent representatives of the
prosecution.
Thus, scientists are currently studying certain
aspects of law enforcement activities. However,
the analysis of the latest scientific developments
also confirms the fact that the specifics of the
implementation of criminal and administrative
proceedings in Ukraine under the conditions of
the legal regime of martial law have not yet been
subjected to a comprehensive study. The
presented and determined the choice of issues
about the theoretical and practical problems of
criminal and administrative proceedings in
Ukraine under the conditions of the legal regime
of martial law, as the subject of this study.
Results and discussion
The introduction of the legal regime of martial
law in Ukraine has defined the peculiarities of
consideration and resolution of some procedural
cases in a new way. One of these is the
proceeding in cases of administrative offenses.
There are two types of proceedings in cases of
administrative offenses: ordinary and simplified.
Ordinary proceedings provide for the drawing up
of a protocol, determine preventive measures and
the order of their application, regulate the rights
and obligations of the participants in the
proceedings, the order of consideration of cases,
facts, circumstances that are evidence. It is
simplified by implementing a minimum of
procedural actions, in particular, a protocol on an
administrative offense is not drawn up in cases
specified by law (Law of Ukraine No. 8073-X,
1984). Such cases in particular include situations
in which: 1) the amount of the fine does not
exceed three tax-free minimum incomes of
citizens; 2) when, in accordance with the law, a
fine is imposed and collected, and a warning is
issued at the place of commission of the offense.
A summary procedure is used for a small number
of offences, but such a procedure also takes
place. We believe that under the conditions of
martial law, the list of administrative offenses for
which an administrative protocol is not drawn up
can be expanded. In particular, in the territories
classified as those where hostilities are taking
place or temporarily occupied. At the same time,
such a proposal should be carefully studied by
scientists, and the legislator should take a
balanced approach to adopting the relevant
changes.
Administrative legislation also underwent some
changes during the period of martial law. Thus, a
number of legislative initiatives have been
introduced into the Code of Ukraine on
Administrative Offenses. Among those related to
the operation of the current legal regime and
which have undergone a new edition is the
criminal offense provided for in Article 188-51
"Failure to comply with the legal requirements of
the Commissioner for the Issues of Persons
Missing in Special Circumstances". Also, the
Code of Ukraine on Administrative Offenses is
supplemented by Article 266-1 "Examination of
conscripts and reservists during assembly, as
well as servicemen of the Armed Forces of
Ukraine for alcohol, drug or other intoxication or
being under the influence of drugs that reduce
them attention and speed of reaction".
The current legal regime updated the need to
revise the sanctions of the articles establishing
responsibility for committing military
administrative offenses. Thus, responsibility has
been increased, in particular, the possibility of
arrest at the guardhouse for committing certain
types of military administrative offenses has
been increased to fifteen days. Sanctions have
been increased for the commission of such
military administrative offenses as: refusal to
comply with the lawful requirements of the
commander (chief), voluntary abandonment of a
military unit or place of service, careless
destruction or damage to military property, abuse
of power or official position by a military
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official, abuse of authority by a military official
or official powers, negligent attitude to military
service, inaction of the military authorities,
violation of the rules of military duty, violation
of the rules of border service, violation of the
rules of handling weapons, as well as substances
and objects that pose an increased danger to the
environment, drinking alcoholic and low-alcohol
beverages or use of narcotic drugs, psychotropic
substances or their analogues (Law of Ukraine
No. 8073-X, 1984).
At the same time, administrative responsibility
has not been introduced for some actions. There
is no rule that would provide for responsibility
for curfew violations. Because of this, the police
draw up a report on the person who violated the
curfew according to Art. 185 of the Code of
Ukraine on administrative offenses. It provides
for liability for malicious disobedience to the
lawful order or demand of a police officer, a
member of a public formation for the protection
of public order and the state border, a military
serviceman). We believe that this practice is
inadmissible, because in fact it contradicts the
tasks of proceedings in cases of administrative
offenses, in particular, regarding the resolution of
each case in exact accordance with the law (Law
of Ukraine No. 8073-X, 1984). Also, there is no
separate rule that would establish a person's
responsibility for violating the special light
masking regime and other actions. In this regard,
it should be emphasized that there are no
provisions in the current legislation that would
provide for responsibility for individual actions
that may lead to negative consequences and,
under certain conditions, even to the death of
people. We believe that this practice should be
eradicated and requires the introduction of
appropriate mechanisms of legal regulation.
As for the changes in criminal procedural
legislation, they are more significant. Thus, it is
determined that the prosecutor is prohibited from
entrusting the implementation of a pre-trial
investigation of a criminal offense under the
jurisdiction of the National Anti-Corruption
Bureau of Ukraine to another pre-trial
investigation body. At the same time, this
provision was clarified by the wording: "except
for the cases of ordering a pre-trial investigation
under martial law". Also, the prosecutor is
prohibited from entrusting the implementation of
a pre-trial investigation of a criminal offense
committed by a people's deputy of Ukraine to
other pre-trial investigation bodies, except for the
National Anti-Corruption Bureau of Ukraine and
the central apparatus of the State Bureau of
Investigation in accordance with their
jurisdiction, defined by the Criminal Procedure
Code of Ukraine (Law of Ukraine No. 4651-VI,
2012).
The next innovation that applies during martial
law is the possibility of entering into the Unified
Register of Pretrial Investigations decisions on
the initiation of criminal proceedings after a
certain period of time, in particular, at the first
opportunity. This is due to the impossibility of
access of the investigator, inquirer, and
prosecutor to the Unified Register of Pretrial
Investigations, which quite often happens in the
territories where active hostilities are taking
place.
The list of powers during martial law of the head
of the prosecutor's office at the request of the
prosecutor or an investigator agreed with the
prosecutor has been expanded. Among them, in
particular: making a decision on the pretext of a
person, temporary access to things and
documents, seizure of property, permission to
detain for the purpose of pretext, a request to
conduct a search in accordance with Part 3 of Art.
233 of the Criminal Procedure Code of Ukraine,
search, obtaining samples for examination,
conducting secret investigative (search) actions,
extending the period of pre-trial investigation, as
well as powers to choose preventive measures
(Law of Ukraine No. 4651-VI, 2012). This
happens in case of impossibility of execution of
such powers by the investigating judge.
As for preventive measures, the procedure for
selecting them as suspects is provided for in Art.
109-115, 121, 127, 146, 146-1, 147, 152, 153,
185, 186, 187, 189-191, 201, 258-258-5, 260-
263-1, 294, 348, 349, 365, 377-379, 402-444
Criminal Code of Ukraine (Law of Ukraine
No. 2341-III, 2001). The term of the preventive
measure should not exceed 30 days. In addition,
in exceptional cases, also in the commission of
other serious and especially serious crimes, if the
delay in choosing a preventive measure can lead
to the loss of traces of a criminal offense or the
escape of a person suspected of committing such
crimes. These powers are exercised taking into
account the requirements of Chapter 37 of the
Criminal Procedure Code of Ukraine (Law of
Ukraine No. 4651-VI, 2012), that is, the special
procedure for criminal proceedings.
The legislator established that in the case of the
objective impossibility of filing an indictment
with the court, the term of the pre-trial
investigation is suspended and subject to
renewal, if the grounds for suspension no longer
exist. In our opinion, the mechanism of appeal
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and verification of the actual existence of the
objective impossibility of going to court with an
indictment should be enshrined in the current
legislation.
Another feature is that the term of validity of the
investigative judge's decision on detention or the
prosecutor's decision on detention, adopted in
accordance with Art. 615 of the Criminal Code
of Ukraine, may be extended up to one month by
the head of the prosecutor's office at the request
of the prosecutor or the investigator, agreed with
the prosecutor. The term of detention can be
extended several times within the term of the pre-
trial investigation.
Decisions made by the prosecutor are
immediately notified at the earliest opportunity
to the prosecutor of the highest level, as well as
to the court determined in accordance with the
procedure provided for by law. At the same time,
in our opinion, a significant gap is that the current
criminal procedural legislation does not establish
the court's obligation to further check these
decisions by the investigating judge.
It is positive in the aspect of ensuring the
possibility of challenging the decisions, actions
or inaction of the prosecutor, that the legislator
established the possibility of their consideration
by the court within the territorial jurisdiction of
which the criminal offense was committed, after
ensuring its functioning in another area, or by the
court closest to it territorially. The subject of such
an appeal can be both the existence of grounds
for the prosecutor to exercise the powers
delegated to him in the conditions of martial law,
and the method of their exercise.
A special rule on the recording of criminal
proceedings has been introduced. In accordance
with it, the course of investigative (search)
actions is recorded in relevant procedural
documents, as well as with the help of technical
means of recording criminal proceedings, except
for cases when recording using technical means
is impossible for technical reasons. Judging by
the wording, priority should be given to double
fixation: in the document and by technical
means. At the same time, in the context of the
effective and legal conduct of procedural actions,
we consider it expedient to emphasize that they
should not be planned for the period from 10:00
p.m. to 6:00 a.m., and if it is necessary to conduct
them immediately, such a course of action should
be of an exceptional nature.
During a pre-trial investigation under martial
law, it should be emphasized that in order to
participate in procedural actions, in the event that
the appearance of a lawyer (defender) is
impossible, the investigator, investigator,
prosecutor can ensure his remote participation
using technical means (video, audio
communication). At the same time, under such
conditions, the legislator did not pay attention to
the fact that in the case of remote participation of
the defense counsel, the suspect, the accused do
not have the possibility of confidential
communication with their defense counsel, and
there is no need to talk about lawyer's secrecy in
such a situation. The lawyer is also deprived of
the opportunity to make sure that no measures of
psychological or physical influence were applied
to his client, to make sure of the voluntariness of
the actions of the client during investigative
(search) actions and other procedural actions.
Also, the legislator introduced as a party to the
criminal proceedings a person in respect of
whom sufficient evidence was collected to report
the suspicion of committing a criminal offense,
but the suspicion was not reported due to his
death. The law defines a certain legal status of the
persons against whom the evidence was
collected, but the notice of suspicion was not
announced because of her death.
Article 208 of the Criminal Procedure Code of
Ukraine establishes the possibility of detaining a
person by an authorized official and defines the
grounds for such detention. A person who is
authorized by law to carry out detention makes
the decision on these issues. An authorized
person has the right to detain a person suspected
of committing a crime without a decision of an
investigating judge or a court. An authorized
official who has detained a person must
immediately inform the detainee of the reasons
for the detention, search him, draw up a detention
report, a copy of which is handed over to the
prosecutor, but who is this "mythical" authorized
person, there is no definition in the Law, and this
makes it possible to abuse the official the
position of almost every subject of power.
Because of this, it is necessary for the current
criminal procedural legislation to establish norms
that clearly establish the list of persons
authorized to detain a person. This can be done
by supplementing Art. 208 of the Criminal
Procedure Code of Ukraine with such a list, or
amend Art. 3 of the CPC of Ukraine. At the same
time, the question arises, if an authorized person
without a decision of an investigating judge
detains a person, how such a detained person
should use his constitutional right to protection
and legal assistance of a lawyer.
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The introduction of the legal regime of martial
law on the territory of Ukraine and the
peculiarities of the administration of justice had
an impact. It should be emphasized that in
accordance with the provisions of the
Constitution of Ukraine and the Law of Ukraine
"On the Legal Regime of Martial Law", the
courts must continue to administer justice in such
conditions, because even under this legal regime,
the powers of the courts cannot be terminated and
the powers of judges limited (Law of Ukraine
No. 254k/96-VR, 1996; Law of Ukraine
No. 389-VIII, 2015). Because of this, in
accordance with part seven of Article 147 of the
Law of Ukraine "On the Judiciary and the Status
of Judges", taking into account the impossibility
of courts to administer justice during martial law,
the order of the Supreme Court on changing the
territorial jurisdiction of court cases under
martial law was adopted.
Changes introduced by the Law of Ukraine "On
Amendments to the Law of Ukraine "On the
Judiciary and the Status of Judges" regarding
additional methods of informing about court
cases and conducting meetings of judges in
conditions of martial law or state of emergency"
were also significant novelties regarding the
implementation of judicial proceedings in
Ukraine. These changes introduced an additional
notification to the participants in the legal
process about the consideration of the case using
the Unified State Web Portal of electronic
services, including using the mobile application
of the Diya Portal (Diya), as well as receiving
through the relevant application in electronic
form a court decision on the case, an executive
document , issued in the form of an electronic
document, by a person who is a party to the case
(Law of Ukraine No. 2461-IX, 2022). Such
changes are undoubtedly of a positive nature, but
for now, in our opinion, this provision remains
debatable in the context of recognition of such a
method as proper informing of the party to the
case about the time and place of the case hearing.
Conclusion
The analyzed provisions of the current legislation
and the explanations given in relation to them are
aimed at ensuring the formation of a coherent
national legal system. Such a system should be
the basis for the proper functioning of the
criminal justice system, as well as the proper
performance of their functional duties by
employees of state bodies, institutes, and
enterprises. Decisions on the implementation of
the legal regime of martial law or a state of
emergency are no exception to this. It should be
emphasized that in a certain aspect the legal
system must be dynamic in nature, because it
must correspond to the realities that take place in
social life. We mean the conduct of active
hostilities in certain territories, their occupation,
the impossibility of the functioning of justice
bodies, etc.
During the last year, the legal system of Ukraine
has undergone numerous changes. Some
provisions reformatted the usual order of activity
of law enforcement agencies in a positive
direction, and some, on the contrary, complicated
their activity or created a conflicting situation.
That is, the formation of a new law enforcement
practice was introduced, however, under certain
conditions, this led to the emergence of some
difficulties in the implementation of the
professional activities of law enforcement
agencies.
Based on the results of the research, directions
for improving the current legislation have been
determined in order to solve the theoretical and
practical problems of conducting criminal and
administrative proceedings in Ukraine under the
conditions of the legal regime of martial law.
Among them, in particular, the following:
1. Expansion of the list of administrative
offenses that can be prosecuted in a
simplified manner. It is a priority to
implement such provisions in the territories
where hostilities are taking place or
temporarily occupied. At the same time,
scientists should carefully study such a
proposal, and the legislator should take a
balanced approach to adopting the relevant
changes.
2. Introduction of administrative responsibility
for the commission of certain acts during the
period of martial law. In particular, for
violation of curfew, special light masking
regime and other acts. After all, such actions
of a person can lead to negative
consequences, and under certain conditions
- even to the death of people.
3. Implementation and consolidation of the
court's duty to verify the existence of an
objective impossibility of the prosecutor's
appeal to the court with an indictment for
groundlessly and illegally stopping the pre-
trial investigation. Introduction of the
possibility of appealing such decisions by
the defense.
4. Introduction of a mechanism for checking
the legality of decisions made by the
prosecutor by the investigating judge/court
during the implementation of a special
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regime of pre-trial investigation, court
proceedings under martial law.
5. Ensuring in the case of remote participation
of the defense counsel the right of the
suspect, the accused to the possibility of
confidential communication with his
defense counsel, ensuring the preservation
of attorney confidentiality in such a
situation.
6. Addition of Article 3 with a definition of the
term "a person in respect of whom sufficient
evidence has been collected to report
suspicion of committing a criminal offense,
but suspicion has not been reported due to
his death."
7. Enshrining the possibility of exercising the
right to defense by a person detained by an
authorized person without a decision of an
investigating judge.
We believe that the raised issues are relevant and
therefore require further scientific research.
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