LEGAL PRINCIPLES OF IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL PROCEEDINGS IN THE CONDITIONS OF MARTIAL LAW

Abstract

The article aims to study the legal principles of the principles of criminal proceedings in the conditions of martial law. To achieve this goal and objective results, a complex of general scientific and special-legal methods was applied, namely: dialectical, system-structural, formal legal and method of analysis and synthesis. Results and conclusions of such activity. The article performs a comprehensive study of the essence of the principles of criminal process, defines their role as basic guidelines in the functioning of the justice system. Summarizing scientific approaches to understanding the principles of criminalproceedings, their regulatory, warranty and system -forming functions are revealed. It is determined that it is during the period of martial law that the principles are of particular importance as a means of ensuring the balance between the public interests of the state and the protection of human rights and freedoms.The peculiarities of legal regulation of criminal process in wartime are analyzed, the directions of transformation of procedural norms and mechanisms of implementation of fundamental principles are determined. The problems related to restriction of access to justice, complication of evidence, determination of territorial jurisdiction and organization of court sessions in extreme conditions were characterized. Analysis of the peculiarities of interpretation and application of individual procedural norms was carried out, their influence on the guarantees of human rights was evaluated.It is summarized that the functioning of criminal proceedings in martial law requires not only regulatory settlement, but also constant doctrinal understanding in order to avoid the devaluation of the fundamental principles of justice. The study confirms the need to find the optimal balance between protecting state interests and ensuring fundamental human rights.