Concepts, signs, meaning of the defense function during the pre-trial investigation under the conditions of the state of martial and subjects of its implementation

Abstract

The article describes the concept, essence, meaning and subjects of the implementation of the defense function during the pre-trial investigation in the conditions of martial law. It was noted that "criminal procedural functions" constitute a certain essential, normative, organizational, subject, target and activity system, where the signs of the general concept are reflected in the special concept of "criminal procedural defense function". The features of the defense function in the criminal process are determined: permanence, obligation, normativeness, substantive content of actions, target orientation of the participants' activity, subject homogeneity, functionality; formalization of implementation; relationship with the tasks of criminal proceedings; interdependence with other procedural functions. The significance of the defense function in criminal proceedings is established, in particular it acts as: a form of ensuring and protecting the rights and freedoms of a person in criminal proceedings; a guarantee of ensuring legality during criminal proceedings; the condition of the reasonableness of the decision of the case; a mandatory component of resolving legal disputes in court as an element of an adversarial criminal process; one of the most important guarantees of fair justice; ensures the fulfillment of the tasks of criminal proceedings. The position of scientists is supported, that subjects of the implementation of the function of defense should include persons against whom the prosecution commits any actions that can be defined as criminal prosecution. The thesis is substantiated that under the conditions of martial law there are peculiarities in the implementation of the function of defense during the pre-trial investigation, but at the same time its implementation cannot be limited. It is indicated that during the pre-trial investigation in the conditions of martial law, the very procedures of criminal proceedings change. The latter (their forms, conditions, grounds, order) can influence the degree and character, as well as bring peculiarities to the implementation of the defense function.