Legislative amendments regarding criminal proceedings under martial law
نویسندگان
چکیده
The issue of legal regulation the specifics criminal proceedings under martial law has been studied. When posing problem, it was stated that Russia’s full-scale war against Ukraine significantly changed functioning state bodies and institutions, as a result which appropriate changes additions were made to number normative acts. This also affected procedure for conducting pre-trial investigation court law. A systematic analysis provisions CCP shows certain innovations are quite debatable controversial. In this perspective, need eliminate legislative conflicts in order implement effective unambiguous practical implementation norms is argued. key aspects ensuring application procedural legislation regarding should be specified single section. statement Criminal Procedure Code Ukraine, particular, found not only Section IX-1 “Special regime investigation, trial conditions”, but other general Ukraine.
 It noted paragraph 2, part 1 Art. 615 fixes definition “absence an objective possibility”, interpretation provided law, no cases such possibility given. vision expressed more logical legislator provide provision according decision by prosecutor subject further approval investigating judge at first opportunity.
 During study amendments related preventive measures servicemen who suspected or accused committing crimes Articles 402–408, 410, 420–425, 427, 431–433 proposal make aimed protecting rights freedoms person. advisable event end serviceman his/her lawyer right apply judge, with request change measure choose lenient one.
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ژورنال
عنوان ژورنال: ????? ? ???????
سال: 2022
ISSN: ['2617-2933']
DOI: https://doi.org/10.32631/pb.2022.2.13