Criminal Procedure Code of Ukraine

Researching the problematic aspects of realizing the constitutional right to liberty and personal inviolability under martial law is a pressing issue. This article addresses the problem of legal regulation and the practical application of coercive measures, such as the detention of an individual by an authorized official without an order from an investigative judge or court.

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.