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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

NORMATIVE REGULATION OF THE BEGINNING OF A PRE-JUDICIAL INVESTIGATION UNDER THE CONDITIONS OF MARTIAL STATE

NORMATIVE REGULATION OF THE BEGINNING OF A PRE-JUDICIAL INVESTIGATION UNDER THE CONDITIONS OF MARTIAL STATE

Author: O. V. Taran
Pages: 144-152
Year: 2023
Location: Pravova Ednist Ltd
Дата публікації: 28.01.2024

Keywords

initiation of pre-trial investigation, normative regulation, martial law, Unified register of pre-trial investigations, resolution, excerpt from the Unified register of pre-trial investigations, human rights.

Review

. The legal regulation of the initiation of a pre-trial investigation during the legal regime of martial law has been studied and the specifics of its application have been determined. The concepts of «martial law» and «military time» stipulated in various normative acts have been demarcated. The grounds and scope of the application of the general procedure regarding the initiation of the pre-trial investigation provided for in Art. 214 of the Criminal Procedure Code of Ukraine and the special order regarding the initiation of a pre-trial investigation provided for in clause 1 part 1 of Article 615 of the Criminal Procedure Code of Ukraine under martial law. The requirements for the resolution on the initiation of a pre-trial investigation are specified. The purpose of the article is a systematic elaboration of the legal regulation of the initiation of a pre-trial investigation, which includes the general norm – Art. 214 of the Criminal Procedure Code of Ukraine, special ‒ Art. 615 of the Criminal Procedure Code of Ukraine, as well as related norms of the Criminal Procedure Code of Ukraine, other normative acts and the formulation of conclusions on the peculiarities of law enforcement. A feature of regulatory regulation and law enforcement regarding the initiation of a pre-trial investigation under martial law is the need to fulfill the requirements provided for in Art. 214 of the Criminal Procedure Code of Ukraine and clause 1.part.1 of Art. 615 of the Criminal Procedure Code of Ukraine. The concepts of «martial law» and «wartime» differ according to the normative definition, and do not necessarily coincide in terms of validity. A special procedure for starting a pre-trial investigation is provided for the existence of circumstances that caused its application, namely: the operation of the legal regime of martial law, circumstances that are causally related to it and make it impossible for an authorized person to have technical access to the Unified register of pre-trial investigations. The resolution on the initiation of a pre-trial investigation and the order of its issuance must meet the requirements of Art. 110, article 214, clause 1.part.1 of article 615 of the Criminal Procedure Code of Ukraine. Based on the results of the research, conclusions were formulated and substantiated regarding the peculiarities of the initiation of pre-trial investigation under martial law conditions, including the simultaneous application of the general and special procedure of the Criminal Procedure Code of Ukraine regarding the initiation of pre-trial investigation; the need to indicate in the decision on the initiation of a pre-trial investigation the grounds for the application of clause 1. Part 1 of Art. 615 of the Criminal Procedure Code of Ukraine; providing the applicant with a copy of the resolution on the initiation of a pre-trial investigation, indicating the applicant’s right to receive an extract from the Unified register of pre-trial investigations after restoring access to the Unified register of pre-trial investigations and entering information about a criminal offense into it; appeal in accordance with Art. 303 of the Criminal Procedure Code of Ukraine inaction of the investigator, inquirer, prosecutor, which consists in the failure to issue a resolution on the initiation of a pre-trial investigation.

NORMATIVE REGULATION OF THE BEGINNING OF A PRE-JUDICIAL INVESTIGATION UNDER THE CONDITIONS OF MARTIAL STATE

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