MODERN PROBLEMATIC ASPECTS OF FORENSICS IN THE CONTEXT OF MARTIAL LAW IN UKRAINE AND GLOBAL THREATS
The article provides a comprehensive analysis of the current issues of criminalistics under martial law in Ukraine, arising from the armed conflict, which has altered both the structure of crime and the methods used to investigate it. The main challenges faced by law enforcement agencies and criminalists in Ukraine during the war are identified, including the increase in crimes related to military actions, looting, sabotage, war crimes, as well as the escalation of cybercrime and organized crime. The paper highlights the need to improve investigative methods, especially in the context of documenting war crimes for future judicial processes, as well as new approaches to evidence collection and documentation in combat zones, where law enforcement work is greatly complicated by the danger to life and the lack of proper territorial control. Particular attention is given to the issues of preserving evidence in combat conditions and the use of mod- ern technologies for gathering and documenting crime facts, such as drones, satellite imagery, audio and video recordings, as well as specialized software for analyzing digital traces in cybercrime cases. The arti- cle underscores the role of international cooperation in criminalistics, particularly regarding the transfer of war crime evidence to international justice bodies such as the International Criminal Court, as well as co- operation with Europol and Interpol to combat organized crime and cybercrime, which have become seri- ous threats in the context of hybrid warfare. The article also discusses the legislative changes made in Ukraine following the declaration of martial law, which have increased the penalties for crimes threatening national security, such as es- pionage, sabotage, collaborationism, and other crimes undermining the country’s defense capabili- ties. However, challenges remain regarding the legal protection of human rights, as a balance must be found between ensuring national security and adhering to international standards regarding the rights of detainees and suspects. One important aspect is the application of advanced technologies to investigate cybercrimes, including attacks on government institutions, financial organizations, and critical infrastructure, which have become part of hybrid warfare. In Ukraine, new methods for mon- itoring and detecting digital traces are actively used, allowing for prompt responses to cyber threats. Criminalistics is also dealing with new forms of organized crime, especially in wartime, with an in- crease in illegal arms trafficking, human trafficking, and terrorism financing. In the conclusions, it is emphasized that in order to effectively combat modern threats, a systemic reform of criminalistics ac- tivities in Ukraine is necessary. This reform should include improving personnel training, implement- ing new investigation technologies and methods, and strengthening international cooperation. This will ensure an adequate level of effectiveness in crime investigations and the administration of justice during martial law. Only through a comprehensive approach, bringing together the efforts of law en- forcement agencies, international organizations, and civil society, can modern threats be overcome and law and order restored in Ukraine during wartime.
Authors
- Аlona V. Bila
Publication Details
- Journal
- Alfred Nobel University Journal of Law
- Published
- 2024-12-23
- DOI
- https://doi.org/10.32342/3041-2218-2024-2-9-10
- Primary Topic
- Torture, Ethics, and Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00