PECULIARITIES OF SPECIAL PRE-TRIAL INVESTIGATION (IN ABSENTIA) REGARDING WAR CRIMES

Abstract

Purpose: the purpose of the article is to analyze the regulatory and legal principles, essence and practical features of the application of the institution of special pre-trial investigation in relation to war crimes. This article considers the key aspects of conducting a special pre-trial investigation (in absentia) in cases of war crimes. The regulatory and legal framework regulating the procedure for conducting such an investigation is analyzed, the features of procedural actions in the absence of the suspect are outlined, and the main problems and challenges that arise in law enforcement practice during martial law are identified. The issues considered allow us to form a holistic idea of the significance of the institution of special pre-trial investigation for ensuring the inevitability of criminal liability for war crimes and to outline the directions for its further improvement. Research methods: analysis, synthesis, generalization, deductive method, identification method, logical method. Results: it is substantiated that the institution of special pre-trial investigation (in absentia) is a key mechanism for ensuring the inevitability of criminal liability for war crimes in the context of the ongoing armed aggression against Ukraine. It is proven that the effectiveness of the application of this procedure depends on clear regulatory regulation, proper procedural protection of the rights of the suspect, professional training of investigators and prosecutors, as well as the availability of an evidentiary base formed in accordance with international standards. It is emphasized that the practice of the Supreme Court and the European Court of Human Rights confirms the legitimacy of proceedings in absentia provided that protection guarantees are properly ensured. At the same time, the need for further improvement of legislation is emphasized, in particular in the field of reporting a suspect, mechanisms for international cooperation and verification of evidence obtained in a combat zone. Discussion: the existing mechanism of special pre-trial investigation for war crimes and amendments to the legislation adopted in connection with the need to ensure the inevitability of punishment of persons hiding in temporarily occupied territories or outside Ukraine are analyzed.