Peculiarities of Conducting Investigators (Investigative-Detective) Actions During the State of Martial

The article examines the problem of conducting investigative (research) actions in the conditions of martial law in Ukraine. The author analyzes the changes to the Criminal Procedure Code of Ukraine, namely: the possibility of making a decision to start a pre-trial investigation by the inquirer, investigator, prosecutor, if there is no technical possibility to access the Unified Register of Pre-Trial Investigations; execution of the powers of the investigating judge by the head of the relevant prosecutor's office; the right to entrust the implementation of a pre-trial investigation of any criminal offense to another pre-trial investigation body; conducting a search or inspection of a person's home or other possessions without the involvement of witnesses, in cases where their involvement is objectively impossible or is associated with a potential danger to their life or health; the possibility of remote participation of the defender in the investigation (search) action.The author emphasized that the investigator, the prosecutor, who conducts the relevant investigative (search) activity in the conditions of martial law, must assess the presence of the specified grounds and make a decision on the involvement/non-involvement of witnesses.Based on the results of the analysis, the author of the article claims that court decisions can be substantiated by testimony given to the investigator, prosecutor, even if the court did not directly perceive such testimony during the court session.It was established that, based on the analysis of the norms of criminal procedural legislation, the peculiarities of the conduct and recording of the course and results of investigative (search) actions in the conditions of martial law were identified. It is noted that most investigative actions last quite a long time, which in the conditions of being in the territory close to the combat zone is very dangerous, both for the persons who are directly in such territory, and also for the persons who take part in the other investigative action.In addition, the author points out that a new feature of conducting investigative actions during martial law has become the fact that the investigator, prosecutor, or investigator may not involve witnesses in the investigative actions, relying on the fact that the situation that is in effect at the time of the investigative action , does not allow witnesses to be involved.