Problem Issues of Ensuring the Security of Participants in Criminal Proceedings During Martial State

Authors

DOI:

https://doi.org/10.34015/2523-4552.2025.4.23

Keywords:

criminal proceedings, security measures, martial law, participants in criminal proceedings, positive obligations of the state, ECHR practice

Abstract

The article provides a comprehensive scientific and legal analysis of the problems of ensuring the security of participants in criminal proceedings under martial law in Ukraine. The current legislation of Ukraine is studied, in particular the Law of Ukraine “On Ensuring the Security of Persons Participating in Criminal Proceedings” and the Law of Ukraine “On State Protection of Court and Law Enforcement Employees”, as well as doctrinal approaches highlighted in the works of domestic scientists. The main problems of a legal, organizational and practical nature are identified, which have become acute as a result of armed aggression and the functioning of the legal system in the special legal regime of martial law. Directions for improving the legislation and practice of applying security measures for persons participating in criminal proceedings are proposed, taking into account the priority of protecting their lives and property, as well as the needs of wartime.

Author Biography

П. В. Нагорний

Postgraduate student of Penitentiary Academy of Ukraine

Published

2026-01-09

How to Cite

[1]
Нагорний, П.В. 2026. Problem Issues of Ensuring the Security of Participants in Criminal Proceedings During Martial State. Bulletin of the Penitentiary association of Ukraine. 4 (Jan. 2026), 231–241. DOI:https://doi.org/10.34015/2523-4552.2025.4.23.

Issue

Section

Сriminal process; Criminalistics, Forensic examination, OSA

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