The scientific article provides a comprehensive and in-depth analysis of the peculiarities of legal regulation of the criminal procedure in Ukraine under the legal regime of martial law, which was introduced throughout the territory of the state on February 24, 2022, in response to the full-scale armed aggression launched by the Russian Federation. The study focuses primarily on examining the key legal and regulatory changes introduced into Ukraine’s criminal procedural legislation with the aim of ensuring the continuity of pre-trial investigation and the functioning of law enforcement agencies under the conditions of active hostilities, temporary occupation of certain territories, unstable operation of state institutions, and real threats to the life and health of participants in criminal proceedings. Within the framework of the study, the article analyzes the amendments to the Criminal Procedure Code of Ukraine, particularly Article 615, which establishes a special procedure for initiating pretrial investigations, conducting and recording investigative (search) actions in conditions of limited or entirely absent access to territories, as well as the inability of investigative units to operate effectively. The article also examines the provisions of Laws of Ukraine No 2111-IX, No. 2201-IX, and No. 2462- IX, which introduced temporary mechanisms of flexibility and adaptation of the criminal process to the realities of martial law. Special attention is devoted to analyzing the modified procedure for applying preventive measures, particularly detention, as well as to the specific features of exercising the procedural rights of suspects, victims, their defenders, attorneys, and prosecutors under extraordinary legal circumstances. The article highlights both the positive aspects of adapting the criminal procedure to wartime conditions and the problematic issues of law enforcement practices, including risks of abuse by law enforcement bodies, weakening of judicial oversight, and potential violations of the principle of adversarial proceedings. Emphasis is placed on the importance of maintaining a balance between the need for effective operation of pre-trial investigation bodies and the state’s duty to ensure the observance of constitutional human rights and freedoms. The article concludes by outlining the necessity of further improving Ukraine’s criminal procedural legislation, harmonizing it with international human rights standards and the principles of the rule of law, while taking into account the specifics of the martial law regime.
Y. O. Zahorodniу (Sun,) studied this question.