International standards for criminal proceedings in emergency legal regimes-Reference-Cited by-同舟云学术

International standards for criminal proceedings in emergency legal regimes

Published:2022-03-07 Issue:72 Volume:40 Page:509-530
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Teteriatnyk Hanna¹^ORCID,Piaskovskyi Vadym²^ORCID,Myrovska Anna³^ORCID,Sakovskyi Andrii⁴^ORCID,Gunchenko Daria⁵^ORCID

Affiliation:

1. Сhief of the Department of Criminal Procedure, Odesa State University of Internal Affairs, Odesa, Ukraine

2. Department of Criminalistics and Forensic Medicine of National Academy of Internal Affairs, Kyiv, Ukraine

3. Department of Criminalistics and forensic medicine, National Academy of Internal Affairs, Kyiv, Ukraine

4. Director of the educational and research institute No. 2, National Academy of Internal Affairs, Kyiv, Ukraine

5. Department of Criminal Procedure, Odesa State University of Internal Affairs, Odesa, Ukraine

Abstract

The article aims to study the theoretical and applied aspects of pre-trial research in emergency legal regimes such as: martial law, the state of emergency or the area of joint forces operation in Ukraine. International legal requirements for due process in criminal proceedings during emergency legal regimes are analyzed. It is claimed that the existing experience in Ukraine of normative regulation of criminal proceedings under the conditions of special legal regimes is inefficient, fragmentary, and therefore does not fully correspond to modern ideas about human rights and the democratic and legal state. The perspectives for the application of the jurisprudence of the European Court of Human Rights in criminal proceedings under emergency legal regimes are identified. It was concluded that the investigating authorities carry out all the means to establish the facts of the disappeared persons in the area of Operation of Joint Forces within the framework of the criminal process, which will allow to comply, in theory, with all the requirements for the effectiveness of the investigation. The basis for the formation of legislation on this subject should be the relevant law on missing persons.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

Reference34 articles.

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