CRIMINAL PROCEDURAL ACTIVITY OF THE PROSECUTOR UNDER MARTIAL LAW

Abstract

The article defines the legal content activity of the prosecutor in criminal proceedings, and examines the peculiarities of the implementation of his powers under martial law. The prosecutor in criminal proceedings exercises the powers of a power-administrative nature from its beginning to its conclusion. The activities of the prosecutor in criminal proceedings are reflected through the various functions of the prosecutor's office at different stages of the criminal process. During the pre-trial investigation, the prosecutor supervises in the form of procedural guidance of the pre-trial investigation. In court proceedings, the prosecutor supports the state prosecution in court, which finds its logical conclusion at the stages of review of court decisions. The functions of the prosecutor in the criminal process are distinguished in the institutional, legal and procedural aspects. It was found that in the conditions of martial law, the powers of the prosecutor in the criminal process are significantly expanded. Thus, in the event of the absence of an objective possibility for the investigating judge to exercise the powers specified by the Code of Criminal Procedure of Ukraine, such powers are exercised by the head of the relevant prosecutor's office at the request of the prosecutor or at the request of the investigator agreed with the prosecutor. In the conditions of martial law, detention of a person in custody may be extended by the decision of the head of the relevant prosecutor's office at the request of the prosecutor or at the request of the investigator agreed with the prosecutor. Such scope of powers of the prosecutor appointed in a specific criminal proceeding and the prosecutor - the head of the prosecutor's office is determined by the need to ensure the fulfillment of the tasks of criminal proceedings under martial law. Their implementation should be carried out in strict accordance with the law, without violating the rights and legitimate interests of the participants in the criminal process. The endowment of the prosecutor with new powers is conditioned by ensuring the efficiency and effectiveness of criminal proceedings in the exceptional circumstances of martial law. The article also points out possible ways to optimize the activities of the prosecutor in criminal proceedings in the conditions of the legal regime of martial law.