PROBLEM ISSUES OF IMPLEMENTATION OF AUTHORITIES BY THE PROSECUTOR IN CRIMINAL PROCEEDINGS UNDER THE CONDITIONS OF MARITAL STATE

Abstract

The relevance of the study is due to changes to some articles of the criminal procedural legislation of Ukraine, which were adopted after the full-scale invasion of the Russian Federation into Ukraine, the introduction of martial law, which concern the powers of the prosecutor during martial law in Ukraine, as a participant in criminal proceedings. The relevance of the issue does not decrease against the background of the growth of indicators of criminal offenses committed under martial law, which in turn increases the number of investigative (search) and covert investigative search actions. During the legal regime of martial law or a state of emergency, the state must ensure, as in everyday life, without taking into account the special situation in the country, proper protection of the rights and freedoms of citizens, while at the same time counteracting threats to national security as effectively as possible. In these conditions, it is advisable to temporarily expand the powers of the prosecutor’s office in order to ensure the guarantee of law and order. Despite the complex processes that affect the administration of justice in our state, the prosecutor’s office continues to exercise its constitutional functions in accordance with the norms of international and domestic legislation. The main purpose of their work is to protect human rights and freedoms, as well as the interests of the state in general and in particular from military aggression. The prosecutor’s office uses additional powers exclusively to achieve constitutional goals, such as the protection of human rights and freedoms, ensuring state security, and others.