FEATURES OF LEGISLATIVE REGULATION OF CRIMINAL PROCEEDINGS UNDER MARTIAL LAW

Abstract

Abstract. The article examines the peculiarities of legislative regulation of criminal proceedings under martial law in Ukraine. It analyzes legislative changes aimed at ensuring the continuity of criminal justice during armed conflict, particularly the provisions of Article 615 of the Criminal Procedure Code of Ukraine concerning the expansion of prosecutorial powers, the restriction of judicial oversight, and the automatic extension of preventive measures. The study identifies key legal risks associated with these changes, including potential threats to the principles of adversarial proceedings, judicial independence, and guarantees of human rights protection.Special attention is given to the analysis of procedural time limits, the procedure for conducting investigative and covert investigative actions, the application of preventive measures, and mechanisms for transferring suspects and defendants for exchange as prisoners of war. The possibility of lifting preventive measures for individuals who voluntarily join the Armed Forces of Ukraine is also examined. The article further explores issues of jurisdiction during wartime, the specifics of exercising the right to a jury trial, and the admissibility of evidence obtained under martial law conditions. The necessity of reviewing certain provisions of criminal procedural legislation is substantiated to ensure a balance between national security requirements and adherence to legal standards. The importance of harmonizing Ukrainian legislation with international human rights norms, particularly the case law of the European Court of Human Rights, is emphasized. The study proposes legislative improvements, including expanding judicial oversight over prosecutorial actions, revising mechanisms for the automatic extension of preventive measures, and introducing additional procedural guarantees for participants in criminal proceedings.