Issue: № 5, 2025
Doi: https://doi.org/10.37634/efp.2025.5.7
The paper is devoted to a comprehensive analysis of the legal regulation of investigative (search) actions in the Criminal Procedure Code of Ukraine, with special attention paid to the changes caused by the introduction of martial law. The evolution of scientific approaches to the definition of the concept of investigative (search) actions and the features of conducting covert investigative (search) actions are analyzed in detail, including their confidential nature and legal guarantees of their application. The main emphasis is placed on the study of the changes introduced into the criminal procedural legislation by Article 615 of the Criminal Procedure Code of Ukraine in connection with martial law. Additionally, the paper examines in detail the procedural features of the beginning of a pre-trial investigation under martial law, including the possibility of conducting priority investigative actions before entering information into the ERDR. Changes in the time limits for conducting investigative actions are analyzed, in particular, the abolition of the ban on conducting them at night, and their impact on the efficiency of the investigation. Special attention is paid to the analysis of the law enforcement practice of the Supreme Court regarding the application of the norms of the Code of Criminal Procedure of Ukraine under martial law. Based on the analysis, the need to make specific amendments to the Code of Criminal Procedure of Ukraine in order to eliminate the identified problematic aspects of law enforcement, especially under martial law, is substantiated. The conclusions summarize the main results of the study and outline the prospects for further scientific developments in this area, including a comparative analysis of international experience and a study of the long-term impact of the changes made on the justice system of Ukraine.
Keywords : investigative (search) actions, criminal process, martial law, evidence, judicial practice
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