The determination of limits of the judicial control in criminal proceeding under the circumstances of martial law

Abstract

Some legislative changes in criminal procedure law under the circumstances of martial law connected with the implementation of judicial control were analyzed; some theoretical and practical aspects of changes of limits of judicial control were investigated. Legislative novels connected with the function of judicial control in criminal process can be divided into 5 groups (concerning the areas of authority): 1) changes due to which the powers were transferred (partially transferred) from investigating judges to prosecutors; 2) the change of powers of investigating judges or court during choosing, changes and cancellation of preventive measure; 3) changes in the procedure for detaining a person without decision of the investigating judge or court and report of suspicion; 4) assignment of new duties on investigating, judges; 5) other changes connected with other functions of judicial control. Due to applied derogation rights and freedom of a person concerning personal integrity, inviolability of housing, the respect to private and family life were temporary limited and the function of judicial control was weakened.

Limits of judicial control under the circumstances of martial law changed. these changes have multi-vector character: the limits of judicial control have been narrowed in a number of cases while they have been extended in other cases, Nowadays the limits of judicial control are not permanent, and continue to change. Recurrence to the limits of judicial control as of 23.02.2022 is very actual.