THE ROLE OF THE INVESTIGATING JUDGE IN ENSURING THE RIGHT TO PROTECTION AT THE STAGE OF THE PRE-TRIAL INVESTIGATION IN THE CONDITIONS OF MARTIAL STATE

Abstract

The article defines the role of the investigating judge in ensuring the right to 
defense at the stage of pre-trial investigation under martial law. It is noted that 
the right to defense at the stage of pre-trial investigation under martial law, being 
an independent legal guarantee against unjustified and illegal criminal 
prosecution of a person, must also be protected by the state from its possible 
violation or arbitrary restriction, and therefore must be the subject, first of all, of 
judicial protection. 
The analysis of the concept and content of the function of the investigating 
judge and his powers defined by the CPC of Ukraine allows us to emphasize the 
conclusion that in order to ensure the right to defense at the stage of pre-trial 
investigation under martial law, the activities of the investigating judge consist in 
exercising judicial control over the prevention of the violation of the specified 
right by the prosecution. To fulfill this goal, the investigating judge is vested with 
the following powers: 1) powers to ensure the right to defense when deciding on 
the application of measures to ensure criminal proceedings; 2) powers to ensure 
the right to defense when considering and resolving issues regarding granting 
permission to conduct investigative (search) and covert investigative (search) 
actions; 3) powers to ensure the collection of evidence by the defense in the event 
of the refusal of the investigator or prosecutor to grant the defense request; 4) 
powers to protect human rights, enshrined in Article 206 of the Code of Criminal 
Procedure of Ukraine; 5) powers to consider complaints against decisions, actions 
or inaction of the prosecution that violate the right to defense. 
It has been determined that the scope of powers of the investigating judge 
at the stage of pre-trial investigation under martial law may be limited due to the 
objective impossibility of their actual implementation. However, this does not 
mean that under such conditions he is not a participant in criminal proceedings at 
all and does not always perform the function of judicial control, i.e. only under the 
condition of the introduction of the legal regime of martial law in the manner 
prescribed by law. The absence of objective possibility is an evaluative concept 
and is subject to establishment and specification in each individual case. It should 
be understood that the exercise of the powers of the investigating judge cannot be 
carried out due to irresistible external circumstances caused by the conduct of