The article provides a comprehensive analysis of the theoretical and practical aspects of cancellation of preventive measures in the form of arrest for the purpose of completing (continuing) military service by conscription during mobilization. The problems of realization the provisions of Article 616 of the Criminal Procedure Code of Ukraine were considered. Attention was drawn to the insufficient legal regulation of the issue of the subject that must give permission to transfer a person to the relevant military medical commission, as well as the subject authorized to provide a referral for a medical examination of military personnel. The author argued the advisability of supplementing part one of Article 616 of the Criminal Procedure Code of Ukraine with paragraph six of the following content: «Permission to transport a person to the appropriate military medical commission to undergo a medical examination and determine the degree of suitability for military service is granted by the investigative judge, the court at the request of the defense or the prosecutor.» The work drew attention to the fact that the provisions of the Criminal Procedure Code of Ukraine grant the investigative judge and the court different legal status. The authors of the article pointed out the shortcoming of the legal regulation of the Regulation on military medical examination, which consists in the fact that the court can issue a referral for the passage to the MMK in relation to the accused, and the investigative judge is deprived of the opportunity to do this in relation to the suspect. Proposals were formulated to amend paragraph 6.1 of the Regulation on military medical examination in the Armed Forces of Ukraine, approved by Order of the Minister of Defense of Ukraine dated 14.08.2008 No. 402, in particular, adding the words “investigative judge” to this paragraph after the word “investigator”. It was concluded that increasing the efficiency of the mechanism for staffing the security and defense forces and resolving the problematic issues of abolishing the preventive measure in the form of arrest for the purpose of completing (continuing) military service by conscription during mobilization lies in the implementation of a comprehensive approach to introducing the amendments proposed in this work to the Criminal Procedure Code of Ukraine and departmental legislation.
Ivanytskyy et al. (Sun,) studied this question.