Peculiarities of conducting investigative (search) actions in the context of armed aggression: problems and directions for improvement
Year: 2026
Type: article
Abstract: The article provides a comprehensive theoretical and practical analysis of the peculiarities of conducting investigative (search) actions in criminal proceedings under conditions of armed aggression and the legal regime of martial law. The study examines the transformation of the procedural form of pre-trial investigation caused by heightened security risks, active hostilities, temporary occupation of certain territories, and limited organizational and technical capacities of pre-trial investigation bodies. These factors necessitate the adaptation of traditional procedural mechanisms to ensure the effective collection and preservation of evidentiary information. Special attention is paid to the analysis of the current legal regulation governing investigative (search) actions, primarily the provisions of the Criminal Procedure Code of Ukraine establishing a special procedure for criminal proceedings during martial law. The article identifies key law enforcement problems, including the fragmented nature of normative regulation, the evaluative and ambiguous character of certain procedural categories – particularly the concept of “urgency” – and the absence of unified criteria for assessing the admissibility of evidence obtained in extraordinary conditions. The peculiarities of organizing and conducting investigative actions in zones of active hostilities and in temporarily occupied territories are examined, including issues related to access to the scene, participation of procedural actors, and the recording of evidentiary information. The role of technical, remote, and digital means of fixation is analyzed as an alternative procedural safeguard in cases where compliance with classical procedural requirements is objectively impossible. Emphasis is placed on their significance for ensuring transparency, reliability of evidence, and subsequent judicial control. The article substantiates the necessity of maintaining a balance between the effectiveness of criminal prosecution and adherence to fundamental principles of criminal procedure, including legality, adversarial proceedings, proportionality, and the right to defense. A substantive approach to assessing the results of investigative (search) actions is proposed, taking into account the specific conditions of their conduct, security-related factors, and the actual impact of procedural deviations on human rights and freedoms. In addition, the study summarizes national judicial practice and the approaches of the European Court of Human Rights concerning the admissibility of evidence obtained under martial law. Based on the findings, the author formulates directions for improving criminal procedural legislation aimed at unifying law enforcement practice, enhancing the efficiency of pre-trial investigation, and ensuring an adequate level of procedural guarantees in the context of armed aggression.
Authors: A. O. Lysa, N. M. Senchenko
Institution: Chernihiv Polytechnic National University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7214335757