POSTPONEMENT OF TRIAL DUE TO MOBILIZATION OF PARTICIPANTS IN CRIMINAL PROCEEDINGS

Abstract

The article analyzes the procedural rights and obligations of participants in criminal proceedings during a trial under the legal regime of martial law and their absence during mobilization to the Armed Forces of Ukraine. The analyzed stage covers the main part of the trial, where participants in criminal proceedings are key figures for a fair resolution of criminal proceedings. The given judicial examples provide an opportunity to understand the gaps that arise when postponing and stopping criminal proceedings, because under martial law, justice cannot be postponed or unreasonably accelerated.In addition, judicial practice demonstrates a general approach to interpreting norms, because a significant part of court decisions to stop judicial proceedings are based only on the fact of the defendant’s call-up for military service during mobilization, and not on a detailed analysis of the mobilization processes of the participants in criminal proceedings and the possibility of conducting court hearings remotely to comply with reasonable deadlines and fair trial.The suspension of criminal proceedings makes it possible to state, firstly, the suspension of criminal proceedings is carried out only with respect to the only participant in criminal proceedings – the accused, however, the legislator does not mention other participants in criminal proceedings; secondly, the court must investigate what military service the accused is serving; thirdly, the court must verify the grounds that led to the suspension of criminal proceedings, because the grounds may change periodically It was noted that the mobilization of a defense attorney creates additional obligations for participants in criminal proceedings, which entails the postponement of the trial to ensure proper procedural conditions and the conduct of further trial.It was noted that ensuring the proper behavior of participants in criminal proceedings during the trial is a rather complex process in martial law, and therefore the court must carefully approach each objective reason for the suspension or postponement of the trial in criminal proceedings.