Observance of individual rights in criminal proceedings during martial law-Reference-Cited by-同舟云学术

Observance of individual rights in criminal proceedings during martial law

Published:2023-03-06 Issue:76 Volume:41 Page:482-501
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Akhtyrska Nataliia¹^ORCID,Kostiuchenko Olena²^ORCID,Miroshnykov Ivan³^ORCID,Dunaievska Liudmyla⁴^ORCID

Affiliation:

1. Department of Criminal Process and Criminalistics, Educational and Scientific Institute of Law of Taras Shevchenko National University of Kyiv, 01601, Kyiv, Ukraine.

2. Head of the Department of Criminal Process and Criminalistics, Educational and Scientific Institute of Law of Taras Shevchenko National University of Kyiv, 01601, Kyiv, Ukraine.

3. Department of Criminal Procedure and Criminalistics, Educational and Scientific Institute of Law, Taras Shevchenko National University of Kyiv, 01033, Kyiv, Ukraine.

4. Department of Criminal Procedure and Criminalistics, Educational and Scientific Institute of Law of Taras Shevchenko National University of Kyiv, 01601, Kyiv, Ukraine.

Abstract

The objective of the research was to identify threats to individual rights in criminal proceedings during martial law. The research involved system methods, descriptive analysis, systematic sampling, doctrinal approach and forecasting. Martial law introduced as a result of armed conflict carries important implications for criminal justice. Ensuring the observance of individual rights in criminal proceedings during this period applies to several crimes, the common feature of which is the time of their commission. The classification of subjects of prevention of infringement of such rights is presented. The prospects for improving the protection of individual rights in criminal proceedings require international assistance in the detection of crimes related to the armed conflict. It is concluded that ensuring the observance of individual rights in criminal proceedings during martial law requires combining the efforts of national and international specialists. Prospects for improving this process envisage international assistance with increased use of its results as evidence in national and international courts. It is appropriate to develop international recommendations for national law enforcement agencies and judicial bodies.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

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