GROUNDS AND PROCEDURAL ORDER OF APPLYING PREVENTIVE MEASURES UNDER MARTIAL LAW

By the Decree of the President of Ukraine No. 64/2022 dated February 24, 2022, in connection with the military aggression of the russian federation in Ukraine, a state of war was declared. The imposition of a state of war necessitated certain amendments to the Criminal Procedure Code of Ukraine. These changes pertained to Chapter 18 of Section II, regulating issues of preventive measures and detention of individuals, as well as Section IXІ, which governs the special regime of pre-trial investigation and judicial consideration during a state of war. This situation led to changes in the regulation of virtually all aspects of societal life, including criminal justice. It posed a challenge to ensuring the enforceability of responsibility for committed criminal offenses while ensuring the safety of individuals involved in criminal proceedings. In order to adapt the current criminal procedural legislation to the current legislative requirements, several laws were enacted, addressing various aspects of criminal proceedings, including the issue of taking preventive measures. This makes the research topic relevant and discussed in the academic community. This article is dedicated to the analysis of such aspects: conditions under which the state can refuse to guarantee the rights and freedoms of a person under the Convention for the Protection of Human Rights and Fundamental Freedoms during a state of war; changes introduced to the Criminal Procedure Code of Ukraine regarding the use of preventive measures during a state of war. The system of preventive measures defined in Article 176, paragraph 1 of the Criminal Procedure Code, includes measures such as personal recognizance, bail, detention, and house arrest. The main purpose of implementing these preventive measures is to ensure compliance by suspects or accused individuals with the requirements placed upon them within the framework of criminal proceedings, as well as to prevent possible unlawful influence on the investigation.