CERTAIN ISSUES OF THE SPECIAL REGIME OF PRE-TRIAL INVESTIGATION AND TRIAL IN THE CONDITIONS OF MARTIAL STATE

Abstract

The article is devoted to highlighting and resolving some urgent issues of the special regime of pre-trial investigation and trial under martial law. The publication states that under martial law, the list of procedural actions that authorized representatives of the state are allowed to perform before the start of the pre-trial investigation should be identical to the general conditions of the pre-trial investigation. It is emphasized that currently the inquirer, investigator and prosecutor are allowed by law to conduct only an inspection of the scene of the incident before the start of the pre-trial investigation. Such a legislative provision, in the author’s opinion, is very controversial and requires correction and expansion to the list of procedural actions that are allowed to be performed by the specified authorized entities under the general conditions of criminal proceedings. The article emphasizes that, taking into account the goal of maintaining the safety of participants in investigative (search) actions under martial law, it is advisable to remove from the current Code of Criminal Procedure the regulatory imperative regarding the continuity of video recording of the course and results of a search or inspection of a person’s home or other property, or a search of a person. The article states that stopped video recording must be immediately resumed after the disappearance of dangerous circumstances caused by military actions under martial law. The article also considers the issue of distributing criminal proceedings materials between judges under martial law. It emphasizes the priority of adhering to the criterion of professionalism instead of the age criterion that is currently present in the legislative norm regarding the distribution of criminal proceedings materials between judges. It is noted that under martial law, in the absence of the court chairman and his deputy, the distribution of criminal proceedings materials between judges should be ensured not by the oldest judge, but by the judge who has more experience as a judge. It is indicated that this criterion is quite logical and corresponds not only to the regulatory provisions of the functioning of domestic courts, but also to the peculiarities of their activities under martial law.