ResearchBib Share Your Research, Maximize Your Social Impacts
Sign for Notice Everyday Sign up >> Login

CERTAIN ASPECTS OF THE PRE-JUDICIAL INVESTIGATION IN THE CONTEXT OF CHANGES IN THE LEGISLATION

Journal: International Scientific Journal "Internauka" (Vol.1, No. 138)

Publication Date:

Authors : ;

Page : 50-53

Keywords : search; survey; survey; period of martial law; investigative (search) actions;

Source : Downloadexternal Find it from : Google Scholarexternal

Abstract

The article provides an analysis of changes in criminal procedural legislation in Ukraine during the period of martial law. These changes regulate provisions related to the procedure for conducting investigative (search) actions, as well as the powers of individual subjects of criminal proceedings. Among investigative (search) actions, the procedure for which has changed, the author notes inspection, investigation, and search. A survey, for example, in connection with danger can be carried out with the help of drones, helicopters, unmanned aircraft and quadcopters. A new provision during inspection and search is access to mobile phones, tablets and computers without additional authorization of such actions. The changes related to the search concern the overcoming of the logical protection system, as well as the possibility of access to computer systems, their parts, and mobile terminals of communication systems. The search can be carried out in the absence of the owner of the vehicle or home, and at the same time, logical protection systems can also be overcome without hindrance. A new type of inspection has been introduced — the inspection of computer data. During the search, information contained in the computer or telephone can be searched and discovered directly at the place of the search. Information from electronic media is recorded by a specialist using data copying. The purpose and content of the study have been expanded. The procedure for conducting the examination has changed, according to which a person is initially offered to undergo it voluntarily, the basis for the examination can be the decision of the investigator, inquirer or prosecutor, and in case of refusal, the examination is carried out in a compulsory manner based on the prosecutor's decision. According to the changes made to the examination process, in addition to the doctor and the forensic medical expert, it is possible to involve a specialist. According to the author, martial law entails certain restrictions on the constitutional rights and freedoms of citizens, as well as the influence of the danger factor on the conduct of a pre-trial investigation.

Last modified: 2023-04-06 22:30:03