SEPARATE ISSUES OF THE USE OF DETENTION AS A PREVENTIVE MEASURE IN CONDITIONS OF MARTIAL LAW

Abstract

The article is devoted to the issue of the application of preventive measures in the conditions of martial law. It has been established that detention is an exclusive preventive measure, which can be applied only if it is proven that milder preventive measures are not able to prevent the risks provided for in Art. 177 of the CPC of Ukraine. It is noted that the procedure for canceling a preventive measure for completing military service under conscription during mobilization, for a special period, or changing a preventive measure for other reasons is also special. Thus, in the case of the introduction of martial law in Ukraine or some of its localities, implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation and/or other states against Ukraine, a suspect, an accused person, who during a pre-trial investigation or trial in custody, except for those who are suspected of committing crimes against the foundations of national security of Ukraine, as well as criminal offenses provided for in clearly defined articles of the Criminal Code of Ukraine, have the right to apply to the prosecutor for the cancellation of this preventive measure in order to undergo military service under conscription during mobilization, for a special period. In addition, the change of preventive measures is possible only under certain conditions, namely, in one case, the request is justified by the desire to use the funds pledged for the purposes of the defense of Ukraine, and in the second, such a change is possible only in places of active hostilities.