LEGAL REGULATIONS OF DETENTION IN CONDITIONS OF MARTIAL LAW

Abstract

The article is devoted to the study of the legal regulation of detention in martial law. In the course of the problem, it is emphasized that in order to effectively achieve the goal of de-tention, its legal regulation must be consistent with the existing conditions of hostilities. During the review of the latest research and publications, it is noted that currently the procedural norms regulating detention during martial law have problematic issues. The latter need scientific research in order to improve the legal regulation of detention during the martial law re-gime. In the course of the main material it is noted that despite the difficulties in criminal pro-ceedings, due to the legal regime of martial law, it is hardly possible to completely or for a long time to abandon judicial control over the application and continued detention. It is noted that the lack of regulation of further mandatory and maximum prompt judicial control over deten-tion, applied by the prosecution, casts doubt on the effectiveness of additional legal guarantees in the long-term restriction of the right to liberty during hostilities. The notion that judicial review will not soon take place may «push» individual (unconscious) members of the investi-gation to illegally or unlawfully deprive a person of important legal guarantees while in cus-tody. It is stated that during hostilities, an automatic periodic check of the existence of grounds for detention, as an exception, should be carried out by the prosecutor. Attention is drawn to the fact that if there are sufficient and effective guarantees that the suspect (accused) waives the right to be present during the trial, the issue of application (continuation) of detention may be decided in his absence. It is concluded that there are shortcomings in the regulations of detention during martial law, which should be eliminated by amending the provisions of the Criminal Procedure Code. It is determined that during the martial law regime temporary ex-ceptions may be settled to resolve the issue of application (continuation) of detention without the participation of the suspect, accused, regardless of his desire to be present at such a hearing.