ОСОБЛИВОСТІ РОЗСЛІДУВАННЯ ВІЙСЬКОВИХ ЗЛОЧИНІВ В УМОВАХ СЬОГОДЕННЯ

Abstract

The article notes that the success of the protection of national interests of Ukraine largely depends on the effectiveness of law enforcement, which is the key to stable development of society. The ability to ensure law and order and national security in the field of law enforcement is achieved by an appropriate level of law and order in military formations. The difficult political and legal situation that exists in our state requires increased attention to the legal problems associated with maintaining law and order in military formations, including the problem of pretrial investigation and procedural management of war crimes. It is analyzed that in the process of pre-trial investigation the reasons and conditions that contributed to the commission of the crime are established and measures are taken to eliminate them. Thus, the pre-trial investigation fulfills the dual task of combating crime - it creates the conditions for the correct application of the law in relation to a particular offender and performs the function of universal prevention and prevention of offenses. Pre-trial investigation of war crimes also contributes to the legal education of servicemen. It is substantiated that the conceptual apparatus of the criminal procedural legislation of Ukraine, and also the legislation regulating operatively-search activity, is not developed enough yet that in practical work of investigative and operative divisions leads to its ambiguous interpretation and use, complicates law enforcement practice, including in investigation international crimes. It has been proven that the fight against crime in a military conflict is impossible without proper organization of pre-trial investigation and disclosure of these crimes, which determines the entire further process of criminal proceedings. It is noted that in recent years the attention of proceduralists on the formation of clear legal positions on the regulation of the investigation of war crimes, as well as forensic scientists on the introduction of modern methods of investigation and testing of the latest tactics of procedural actions on this type of crime. The issue of international cooperation in the fight against crime also remains no less popular. This type of cooperation between the border areas of Ukraine and other states, which are undoubtedly also interested in high-quality and impartial investigations of war crimes, is a reliable means of combating crime on the world stage.