ЗАСТОСУВАННЯ ЗАПОБІЖНОГО ЗАХОДУ У ВИГЛЯДІ ТРИМАННЯ ПІД ВАРТОЮ В ПЕРІОД ДІЇ ВОЄННОГО СТАНУ

The article is devoted to the study of the issues related to the application of a preventive measure in the form of detention with due regard for the amendments to the CPC of Ukraine under martial law. The article highlights what changes have occurred in the Criminal Procedure Code of Ukraine regarding the application of preventive measures in the form of detention under martial law, and also draws conclusions about the effectiveness of these changes and recommendations for their further improvement. The author analyzes the legislative changes regarding the "delegation" of certain powers of the investigating judge to the head of the prosecutor's office, which is an exception to the general rules for choosing preventive measures established by national legislation. The author establishes that the legislator has retreated from certain obligations under the International Covenant on Civil and Political Rights and the European Convention on Human Rights by actually delegating some powers of investigating judges and the court to the heads of prosecution bodies. It is proposed to: 1) to amend Art. 615 of the CPC of Ukraine: to change the procedure for extending the term of validity of the detention order so that the heads of prosecutor's offices have the right to extend the term of validity of the investigating judge's detention order only for persons suspected of committing crimes under Section I of the Criminal Code of Ukraine, as well as crimes committed in the territories of military operations; 2) to amend Art. 8 of the CPC of Ukraine: to grant the investigating judge or court the right to assess the existing risks defined in Article 177 of the CPC of Ukraine and the right to determine the type of preventive measure for military personnel at their own discretion, which should be based on the basis of proof of these risks. The issues discussed in this article do not exhaust the problems of the CPC of Ukraine in terms of the procedure for applying a preventive measure in the form of detention during martial law. However, the proposed amendments will immediately bring the national legislation on the procedure for applying a preventive measure in the form of detention during martial law in line with the European standards of human rights protection in the field of criminal justice. [ABSTRACT FROM AUTHOR]