Review

The article presents a comprehensive study of the system of criminal procedural guarantees for the protection of state secrets in criminal proceedings, viewed as an essential element in ensuring Ukraine’s national security. The purpose of the article is to conduct a comprehensive study of the criminal procedural guarantees for the protection of state secrets during pre-trial investigation, to determine their essence, content, system, and limits of implementation in relation to the principle of publicity and the right to defense, as well as to substantiate scientifically grounded approaches to improving the criminal procedural legislation of Ukraine in order to ensure the preservation of information constituting a state secret and to prevent its unlawful disclosure.

It reveals the concept, content, and functional purpose of such guarantees, defines their place within the system of criminal procedural law, and substantiates the need to balance the interests of state security with constitutional human rights, in particular the right to defense and the principle of adversarial proceedings. The paper provides a detailed analysis of the legal framework for the protection of state secrets – from the provisions of the Law of Ukraine «On State Secrets» to the norms of the Criminal Procedure Code of Ukraine and departmental acts of the Security Service of Ukraine.

Particular attention is paid to the procedural mechanisms for maintaining secrecy during pre-trial investigation, including the procedure for granting officials access to state secrets, the circulation of material carriers of classified information, and the documentation of covert (investigative) actions containing restricted data. Based on the analysis of judicial practice and scholarly approaches, the article examines the issues of access by defense counsel and other participants to materials containing state secrets and identifies the criteria for applying the principle of «restriction of access to the extent necessary» as a key guideline for ensuring procedural balance.

The author elucidates the role of judicial control and prosecutorial supervision in ensuring legality during the handling of classified materials, identifies typical violations of secrecy regulations, and reveals gaps in legal regulation. The article proposes directions for improving legislation, including the unification of the provisions of the CPC of Ukraine and special legislation, the introduction of special procedures for handling classified evidence, and the development of unified interagency instructions. Emphasis is placed on the relevance of implementing digital secrecy standards in criminal proceedings through the use of cryptographic protection, multi-level authentication systems, electronic access logs, and blockchain technologies for recording the chain of custody of evidence.

The article also outlines prospects for further research, including the development of a doctrine of procedural admissibility of classified evidence, the formation of a model of judicial control over access restrictions, the creation of an electronic system for recording and storing classified materials, and the adaptation of Ukrainian criminal procedure to European and international standards for the protection of information constituting a state secret.

Keywords: state secret, criminal proceedings, procedural guarantees, right to defense, adversarial principle, judicial control, prosecutorial supervision, secrecy regime, admissibility of evidence, digital secrecy standards, national security.