Кримінальне провадження в Україні в режимі воєнного стану

Abstract

The chapter is devoted to the study of military transformations of criminal proceedings in Ukraine after the start of a full-scale war with the russian federation. Such aspects of crimi-nal proceedings under martial law as the history of the formation of “wartime” provisions in legislation; evaluation of the evidence obtained under Art. 615 of the Criminal Procedure Code of Ukraine; ensuring the balance of security interests and human rights during the transformation of the military section of the Criminal Procedure Code of Ukraine; other transformations of criminal proceedings caused by the war; implementation of provisions governing cooperation with the International Criminal Court in the Criminal Procedure Code of Ukraine; prospective criminal procedural legislation of Ukraine in the context of the relevant practice of the ECtHR are considered.It was stated that before the start of the full-scale war with the russian federation, the criminal proceedings under martial law had a very limited and fragmented nature. A dif-ferentiated order of criminal proceedings began to form only after a full-scale war, and this rule-making process continues to this day.The main transformations of the “military” section of the Criminal Procedure Code of Ukraine are subjected to critical analysis, in particular, the issue of starting a pre-trial investigation under martial law, delegating powers of the investigating judge, applying mea-sures to ensure criminal proceedings, terms of pre-trial investigation and court proceed-ings, administration of justice under martial law, implementation of the right to protection in the conditions of martial law, recovery of lost materials, etc. The normative regulation of cooperation with the International Criminal Court and its compliance with the Rome Statute were separately investigated. Some author’s proposals regarding changes and additions to the Criminal Procedure Code of Ukraine.