judicial review

Preventive Measures under Martial Law: Problematic Aspects of Application and Improvement

Abstract. The article highlights the problem of the transformation of the institution of preventive
measures in criminal proceedings in Ukraine under martial law. A relevant area of study is the balance between
the need for effective crime counteraction, particularly against crimes against the foundations of national
security, and the state’s obligation to guarantee fundamental human rights, primarily the right to liberty and
personal inviolability, which, according to the Constitution of Ukraine, is not subject to restriction even under

Analysis of scientific approaches to the definition of judicial discretion

In the article the question of the definition in the scientific interpretation of the concept of judicial discretion. On the basis of the analysis seems possible to display a single definition of judicial discretion investigating judge in criminal proceedings, given the peculiarity of his judicial authority in criminal proceedings for the control of the rights and freedoms of participants in criminal proceedings. It is explained the choice of terms, basic expressions included in the explanation of judicial discretion investigating judge.