THE ROLE OF THE HIGHER ANTI-CORRUPTION COURT IN ENSURING THE LEGALITY OF THE PRE-TRIAL INVESTIGATION OF CORRUPTION CRIMES DURING THE ACTION OF THE LEGAL REGIME OF MARTYR STATE
The article examines the role and jurisdiction of the High Anti-Corruption Court (HACC) in ensuring legality and protecting human rights during pre-trial investigations of corruption crimes under martial law in Ukraine. It examines key aspects of the HACC’s judicial control, such as the selection of preventive measures, conducting searches, appealing the actions of investigators, monitoring the timing of investigations, ensuring the rights of participants in the process, prohibiting torture and ill-treatment, and considering petitions for the application of special measures. The importance of ensuring the independence and effectiveness of the Supreme Court of Ukraine in combating corruption in Ukraine, especially under martial law, is emphasized. The need to comply with international human rights standards and international humanitarian law when exercising judicial control over pre-trial investigations of corruption crimes is emphasized. Particular attention is paid to the problems arising in connection with martial law, in particular, restrictions on access to court, expedited consideration of petitions, ensuring the rights of suspects and victims, as well as compliance with IHL norms. The paper proposes ways to improve the judicial control of the Supreme Court of Justice of Ukraine, including improving the qualifications of judges, optimizing the procedures for considering petitions, improving interaction with other law enforcement agencies, strengthening the protection of the rights of participants in the process, ensuring transparency and accountability, improving legislation, and introducing a system for monitoring and evaluating the effectiveness of court activities. The article also analyzes the problems that allow individuals to avoid liability for corruption offenses, in particular, through abuse of pre-trial investigation periods and statutes of limitations.
Authors
- Tetiana Kovalova (ORCID: https://orcid.org/0009-0001-0668-3047)
Institutions
- Human Growth Foundation (US)
Publication Details
- Journal
- Problemi pravoohoronnoï ta osvìtnʹoï dìâlʹnostì.
- Published
- 2025-03-30
- DOI
- https://doi.org/10.59226/3041-1971.1.2025.40-47
- Primary Topic
- Indonesian Legal and Regulatory Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00