Premises institutionalization of the pre-trial investigation in the martial law, emergency or in the area of anti-terrorist operation

• Main Author: Oksana Lazukova
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2016-12-01
• Series: Теорія і практика правознавства
• Subjects: pre-trial investigation in the martial law; emergency or in the area of anti-terrorist operation; martial law; emergency law; area of anti-terrorist operation, institutionalization
• Online Access: http://tlaw.nlu.edu.ua/article/view/84168

The article analyzes the current national regulatory consolidation preconditions institute pre-trial investigation in the martial law, emergency or in the area of anti-terrorist operations. Among the determinants that directly affect the institutionalization of the pre-trial investigation in the martial law, emergency or in the area of anti-terrorist operations, distinguish objective and subjective conditions. It is noted that the nascence of the institute pre-trial investigation in the martial law, emergency or in the area of anti-terrorist operations was caused by objective necessity. However, these rules legalization caused not only by practical feasibility. According to the author, the purpose of the institute pre-trial investigation in the martial law, emergency or in the area of anti-terrorist operation - a universal. It is noted that in the future the need for such special, "exceptional" legal regulation may not be necessary. This right to case – ad hoc. However, despite this, the criminal procedural legislation should contain in its structure a special procedure for pre-trial investigation in the deployment of special legal regime. Is observed that institutionalization studied the rules have not ended, because the practice of the rules of criminal procedure law governing the procedure of pre-trial investigation in terms of specific legal regimes, shows gaps, lack of legal certainty. Currently, the process of constructing an optimal model of pre-trial investigation under martial law, emergency or near the counterterrorist operation continues.