Interference with private communication in criminal proceedings: legislative novelties related to the introduction of martial law

The article examines the novelties of Ukrainian legislation on interference with private communication introduced under martial law within the framework of criminal procedure. The author examines the main changes in the criminal procedure legislation which expand the powers of law enforcement agencies to intercept, record and analyse communication data of individuals. Particular attention is paid to the analysis of the legal framework for these measures, as well as their compliance with national and international human rights standards. Attention is drawn to the problem of the balance between ensuring national security and preserving the constitutional rights of citizens to secrecy of correspondence, confidentiality of communication and other forms of communication. Due to the active use of electronic surveillance tools, operational and investigative measures, including covert investigative (detective) actions, and criminal procedural mechanisms for collecting evidence in the context of armed conflict, there is a risk of excessive state interference in the private life of individuals. The author examines the key international legal instruments, in particular, the European Convention on Human Rights (1950) and the Covenant on Civil and Political Rights (1966), which guarantee the right to respect for private life and correspondence, and studies the case law of the European Court of Human Rights on the permissible limits of restriction of this right on the basis of specific court precedents. The article analyses the provisions of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Laws of Ukraine ‘On the National Police’, ‘On Electronic Communications’, ‘On Personal Data Protection’, as well as recent legislative initiatives aimed at improving the mechanisms of control over interference with private communication. The author proposes specific areas of legal regulation reform to ensure compliance with the principles of proportionality, legal certainty and judicial control in the process of restricting the right to private communication and confidentiality of communications. The author concludes that it is necessary to comprehensively improve legislation with due regard for international experience and ensure adequate guarantees of protection of citizens’ rights even under martial law.