LEGAL REGULATION OF THE TERMS OF PRE-TRIAL INVESTIGATION IN THE CONDITIONS OF MARTIAL LAW

Abstract

The article is devoted to the study of the legal regulation of pre-trial investigation in martial law. In the course of posing the problem, it is noted that the combat situation necessitates special legislative regulation of criminal procedural terms. It is emphasized that it is important to consider the issue of legal regulation of pre-trial investigation in martial law. An analysis of recent research and publications on relevant issues indicates that there are still controversial issues regarding the legal regulation of pre-trial investigation in martial law, which require scientific study. In the course of the presentation of the main material it is noted that the improved regulations on the suspension of the procedural terms of the special procedure of criminal proceedings due to the legal regime of martial law are generally perceived positively. It is noted that the legislative consolidation of the grounds for suspending the pre-trial investigation, which is associated with the impossibility of carrying out procedural activities during martial law, seems to be quite useful for the practice of criminal procedure. Attention is drawn to the imperfection of the legal regulation of the institution of suspension of pre-trial investigation in general. It is emphasized that the legal regulation of the suspension of pre-trial investigation entails the risk of violation of the right to a reasonable time of criminal proceedings (the right to a fair trial) and the risk of reducing the effectiveness of criminal proceedings. It is determined that the regulation in the criminal procedure law of suspension and resumption of pre-trial investigation in martial law is impractical for the following reasons: there is a risk of reducing the effectiveness of pre-trial investigation; the need to perform formal work on the preparation of procedural documents. It is stated that the optimal way of legal regulation during martial law is to regulate only a reasonable period of time for the pre-trial investigation. It is emphasized that a reasonable period of pre-trial investigation is more relevant to the situation of hostilities than the deadline (clearly established) period of pre-trial investigation. It is generally concluded that the legislative regulation of an exceptionally reasonable time for pre-trial investigation will determine the effectiveness of pre-trial investigation in hostilities by taking into account the specific circumstances of criminal proceedings.