Shevchuk P. Measures to ensure criminal proceedings in special periods

The present thesis sets out to establish both the theoretical provisions and practical recommendations on the particularities of implementing measures to ensure criminal proceedings during special periods. In order to achieve this objective, the author first of all highlights the state of scientific research on this issue, the main concepts and terms related to special periods, and the state and methodology of scientific research on the implementation of measures to ensure criminal proceedings during special periods. The author examines the classifications of measures to ensure criminal proceedings with due regard for the impact of the circumstances of special periods on their application and identifies groups of measures to ensure criminal proceedings which require additional or separate legal regulation during special periods. The author puts forward a proposal to enhance the algorithm for implementing measures to ensure criminal proceedings during designated periods in terms of the subjects of criminal proceedings and their powers. This proposal encompasses the following elements: 1) the delegation to the head of the prosecutor's office of certain investigative judge powers to apply measures to ensure criminal proceedings to other subjects is proposed. a) in clearly defined cases (list of criteria) which do not involve their implementation through the prism of value judgements of law enforcement agencies; b) with double control over the relevant decisions - departmental (higher-level prosecutor) and institutional (court); 2) for all participants of criminal proceedings (investigating judge, prosecutor, suspect or accused, defence counsel) to introduce the possibility of remote participation in the court hearing of a motion for the application of a measure of restraint or a preventive measure; 3) in order to ensure the protection of confidential information during communication between the suspect and defence counsel, remote participation in court proceedings for the consideration of the motion for application of a measure of restraint or preventive measure is to be facilitated by technical means. The author puts forward a proposal for a unified approach to the utilisation of the electronic segment when implementing measures to ensure criminal proceedings during special periods. This approach entails the introduction of a non-digitalised alternative for all cases of application of the electronic segment, which can be applied at the discretion of the law enforcement entity (investigating judge, court, prosecutor, defence counsel). Additionally, the proposal calls for the introduction of an alternative digitalised procedure for critical processes with inflexible or critical implementation requirements, taking into account the negative impact of special periods. The author of this study has drawn conclusions from the analysis of foreign countries' experience in this area and has formulated proposals for improving the relevant area of legal regulation in the criminal procedure of Ukraine. These proposals include the following: 1) the duration of detention of persons during specific periods should be reviewed; 2) the possibility of choosing the simplest type of criminal procedure that is appropriate to the specific circumstances should be introduced; 3) the new types of preventive measures for servicemen which do not involve deprivation of liberty, minimally restrict rights and freedoms, do not have a negative impact on the defence capability of the state, but are capable of ensuring the fulfilment of the tasks of criminal proceedings should be introduced. The author puts forward a new type of preventive measure for servicemen that does not involve the deprivation of liberty, that minimally restricts rights and freedoms, and that has no negative impact on the defence capability of the State. However, it is able to ensure the fulfilment of the tasks of criminal proceedings, namely the transfer of a serviceman under the supervision of a military unit commander. The author emphasises that in order to simplify the procedures for implementing certain measures to ensure criminal proceedings during special periods, it is advisable to streamline them, which can be implemented on the example of temporary access to things and documents by transferring the relevant powers from the investigating judge to the prosecutor with regard to criminal offences of certain categories.