The Verkhovna Rada has introduced a special regime of pre-trial investigation under the conditions of martial law, a state of emergency and in the area of the anti-terrorist operation (ATO).
A total of 233 MPs out of the 301 registered in the parliament’s session hall on Aug. 12 voted for the law introducing amendments to the Criminal Procedure Code of Ukraine concerning a special regime of pre-trial investigation amid martial law, a state of emergency and in the area of the anti-terrorist operation.
According to the amendments, at a special regime of pre-trial investigation is introduced throughout the state or part of it at the time of the ATO, a state of emergency or martial law.
According to a special regime of pre-trial investigation, the powers of investigating judges are temporarily transferred to the relevant prosecutors who acquire additional procedural rights.
In particular, in the ATO area, at the site where a state of emergency or martial law is introduced, prosecutors, if investigating judges are unable to perform these po wers, have the right to consider an application for temporary access to personal belongings and documents, give permission for a search of housing or other property of a person, consider an application for permission to hold secret investigative actions, as well as to satisfy a request for choosing the measure of restraint in the form of detention for persons suspected of committing crimes.
