THEORETICAL AND LEGAL ASPECTS OF ENSURING THE RIGHTS OF PARTIES TO CRIMINAL PROCEEDINGS UNDER MARTIAL LAW

Abstract

The article draws attention to the fact that the performance of criminal proceedings tasks provided for in Article 2 of the Criminal Procedure Code of Ukraine largely depends on the proper regulation and application of the rules governing the procedural status of a particular subject of criminal proceedings. The procedural activities of investigators, interrogators, and prosecutors, which are carried out through the performance of relevant procedural actions, are directly aimed at fulfilling these tasks. However, in criminal proceedings, their implementation is sometimes associated with significant restrictions on the rights, freedoms, and legitimate interests of its participants. In view of this, both in criminal procedure theory and in practice, without understanding the criteria for such restrictions, procedural actions cannot be effective. A detailed analysis was conducted of specific amendments to the provisions of criminal procedural law directly related to the subject of the study, introduced in connection with the fullscale invasion of Ukraine by the aggressor state and the introduction of martial law, as well as the views of lawyers on these issues. In particular, separate attention is paid to both the theoretical and practical aspects of the provisions of Article 616 of the Criminal Procedure Code of Ukraine. Thus, emphasis is placed on the insufficient legal regulation of the issue of the possibility for suspects and defendants, whose preventive measure of contract service is being revoked, to obtain a conclusion from a military medical commission on their fitness for military service, etc. Proposals for improving the procedural rules relating to the subject of the study are formulated and substantiated. It is concluded that the regulation of the above issues will make it possible to increase the level of legal guarantees for participants in criminal proceedings and thus avoid violations of their rights and legitimate interests.