criminal proceedings

The article is devoted to the controversial issues of regulatory regulation of the procedure for recognizing a person as a victim in criminal proceedings. Gaps in the regulation of the procedural status of the victim were examined, and conflicts of law were identified that enable the abuse of rights by investigators and prosecutors when deciding whether or not to recognize a person as a victim in criminal proceedings.

The article provides a comprehensive analysis of criminal proceedings initiated on the grounds of criminal offenses provided for in Articles 404 and 405 of the Criminal Code of Ukraine, which regulate liability for resistance to a superior or coercion of him to violate official duties, as well as for threat or violence against a superior.

The article highlights the problem of legislative and practical support for the functioning of the criminal justice system in Ukraine, especially in the context of modern challenges, such as martial law and social transformations. The study of combating criminally unlawful abuse of the rights of individual participants in criminal proceedings as an effective means of preventing the commission of criminal offenses in relation to other participants in these criminal proceedings is relevant.

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 extraordinary circumstances.

The article examines the forensic characterization of evasion of military service by self-mutilation or in another way as a separate type of military criminal offenses that have become particularly relevant in the context of armed aggression against Ukraine. The need to form a scientifically sound and practically oriented methodology for their investigation is substantiated, which is based on the construction of a forensic characterization as a holistic system of typical signs of a crime.

The article highlights the problem of ensuring the effective functioning of the criminal justice system in Ukraine, especially in the context of modern challenges, such as martial law and social transformations. The study of the implementation of criminal proceedings tasks as an effective means of combating criminal-illegitimate abuses by individual participants is relevant.

The article examines the key features of prevention and prevention of criminal-unlawful attacks on judges as participants in criminal proceedings during their administration of justice, in particular, at the stage of their issuing court decisions in criminal proceedings, in the context of ensuring their safety.

The article examines the legal status of a defense attorney in criminal proceedings, particularly their role during searches and temporary access to items. Searches and the seizure of evidence represent one of the most intrusive interferences with citizens’ rights; therefore, the participation of a defense attorney ensures compliance with the law and prevents violations of individual rights.

 The legal status of a witness in criminal proceedings entails a set of rights and obligations, which are intended to ensure their cooperation with judicial authorities to fulfill the objectives of criminal justice.

Security measures for witnesses (physical protection, confidentiality, etc.) must guarantee the provision of testimony without fear for their own life or the lives of their loved ones, as well as prevent potential pressure or physical harm from criminals or other interested parties.

The article focuses attention on the shortcomings of the current legislation of Ukraine regarding informing society about the progress and results of criminal proceedings in Ukraine.