Воєнний Стан Як Мотиваційний Чинник Реформування Кримінального Процесуального Законодавства
Year: 2025
Type: article
Abstract: The article examines some aspects of legal regulation of the problems arising under martial law in the course of pretrial investigation of military criminal offenses and crimes related to violations of the laws and rules of war. The author notes that the norms introduced to the Criminal Procedure Code of Ukraine by Section IX1 concerning to the special regime of pre-trial investigation and court proceedings under martial law in some way reproduce certain provisions that existed in the 1960 CPC, in particular, the content of the prosecutor’s powers, determining the moment of the commencement of the pre-trial investigation stage, the possibility of detaining persons without a decision of the investigating judge, etc. It is pointed out the need for further in-depth research into the problems of pre-trial investigation into military criminal offenses, especially with regard to their commission by a special subject (serviceman) under martial law. It is also advisable to conduct research on the possibility of establishing proper and effective military justice bodies and consider transferring the function of pre-trial investigation in criminal proceedings of this category to them. It is determined that it is necessary to continue developing and introducing relevant draft laws to address issues related to the definition of ‘combat immunity’ and its uniform understanding and application. The author believes that the existence of problems with the definition of the concept of combat immunity and gross violations of the requirements of legal technique during the preparation and adoption by the legislator of the relevant legal provisions of the General and Special Parts of the Criminal Code of Ukraine pose a real threat of turning such criminal proceedings into cases of political or official persecution. Therefore, a regulatory solution to this issue will allow to conclude that combat immunity should apply to all cases of acts committed in the absence of direct intent to cause the negative consequences specified in the law, especially those committed under martial law or in a combat situation.
Author: Kanfui, Ivan
Language: Ukrainian
Topic: War, Law, and Justice
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7219420175