JUDICIAL CONTROL DURING PRE-TRIAL INVESTIGATION IN UKRAINE: LEGAL NATURE AND PECULIARITIES UNDER MARTIAL LAW

Abstract

The article provides a comprehensive study of the legal nature, structure,
functions and peculiarities of judicial control at the stage of pre-trial investigation
in the criminal process of Ukraine. The author emphasises that judicial control is
an integral element of the mechanism for ensuring human rights and freedoms, as
well as a necessary condition for the implementation of the principle of the rule of
law at the pre-trial stage of criminal proceedings. It is argued that judicial control
is an independent function of the judiciary, which is not limited to justice in the
traditional sense and is not identical to other forms of procedural control, such as
prosecutorial supervision or internal control.
The role of the investigating judge as a key subject authorised to exercise
judicial control in pre-trial proceedings is analysed. The characteristics of judicial control are identified, in particular: preventive nature, normative certainty, focus
on the protection of fundamental rights, binding nature of relevant decisions, and
procedural independence of the court. It is emphasised that the decisions taken by
the investigating judge at this stage are mainly aimed at assessing the legality of
decisions, actions or omissions of pre-trial investigation bodies, rather than
establishing guilt or assessing evidence on the merits. In this regard, judicial
control performs a guarantee function rather than a punitive one, aimed at
preventing arbitrariness on the part of the prosecution.
Particular attention is paid to the analysis of mechanisms for ensuring
judicial control under the conditions of martial law in force in Ukraine. It has been
proven that even in extraordinary circumstances, the state is obliged to ensure
minimum procedural guarantees, in particular regarding the right to liberty,
inviolability and protection from unjustified detention. The article also examines
the relationship between judicial control and international standards enshrined in
the practice of the European Court of Human Rights and highlights the need for
further adaptation of national criminal procedure legislation to the relevant
standards.
Based on the analysis, proposals are formulated to improve the current
legislation, in particular by specifying the grounds and limits of judicial review,
ensuring a balance between the needs of the investigation and the protection of
individual rights, and strengthening the guarantees of the independence of the
investigating judge.