INTERNATIONAL EXPERIENCE OF INVESTIGATING CRIMINAL OFFENSES IN CONDITIONS OF MARTIAL LAW

Abstract

In the context of martial law, the sphere of national criminal justice was facing the challenge of the combination of continuous administration of justice to exercise the principle of inevitability of liability for a criminal offense with the simultaneous ensuring the safety of persons involved in criminal proceedings. The area of criminal proceedings is the area of law -making and law enforcement state activity, in which the restriction of human rights is an objectively necessary phenomenon for the successful achievement of modern human rights appointment of criminal proceedings. Preferably, the constitutional rights and freedoms of the suspect, the accused, are restricted during the application of procedural coercion measures, especially during Russia's military aggression. The article analyzes the changes which are introduced in the legislation of Ukraine during Russia's military aggression and in connection with the introduction of martial law. International experience of investigating criminal offenses in the conditions of martial law has been studied. The positive aspects of the normative legal settlement of criminal offenses of foreign countries, which can be implemented into the system of national legislation, are identified. Having analyzed the procedural guarantees of investigation of criminal offenses in foreign countries, it was possible to conclude that during the threat that the Ukrainian people have arisen because of Russia's military aggression, the current legislation is subject to significant changes, which also requires the need for international experience. International experience should be used in the development of laws, including in the conditions of martial law. But it should be noted that the changes made to the normative acts at this difficult time for our country should ensure stable functioning of the criminal process system, but they are limited by time and act only for a term in a state of war, emergency or in the area Conducting an anti -terrorist operation or measures to ensure national security and defense, repels and restrain Russian armed aggression.