Theoretical and legal protection for the protection of human rights and freedoms during pre-trial investigations under martial law

Abstract

The article is devoted to one of the topical theoretical and practical problems of protecting human and civil rights and freedoms during martial law in accordance with the legal procedure for conducting pre-trial investigations. It has been found that there are defects in the law that lead to the use of different approaches to conducting pre-trial investigations in criminal proceedings during martial law, and in practice, different legal positions are being formed regarding its improvement. Attention is drawn to the fact that in society, the protection of rights and freedoms is one of the most important conditions for a safe life in a state governed by the rule of law.

The purpose of this study is to consider theoretical and organizational issues of ensuring human rights and freedoms in the process of pre-trial investigation, as a key stage of criminal proceedings, which is designed to guarantee a balance between the interests of the state in solving crimes and protecting the rights of persons subject to investigation during martial law.

Special attention is paid to the analysis of international standards and norms governing human rights in the context of pre-trial investigations, such as the right to protection of rights, the right to an effective remedy, the right to a fair trial, ensuring dignity, the indivisibility of rights, compliance with the law, and international standards.

General scientific and special methods are used, the methodology of which is based on the analysis of practical approaches and international standards for the protection of human rights and freedoms.

Among the general scientific methods, it is worth highlighting the historical method, which allows us to study the formation and further development of human rights and subsequent processes of interaction with state law enforcement agencies in order to regulate internal and external relations of human rights, their patterns and contradictions.

In particular, the dialectical method is used, which contributes to the rapid accumulation of theoretically and practically significant information for the interpretation of legal norms governing criminal procedural relations.

A systematic approach, which is a universal tool for cognitive activity, regarding the role and place of law enforcement agencies and courts in determining the conditions for the protection of human and civil rights and freedoms at the stage of pre-trial investigation under the legal regime of martial law.

As a result, it was found that it is important to correctly interpret the provisions of the legislation in force during martial law, as incorrect interpretation of the law may lead to violations of citizens' rights and freedoms, as well as ineffective investigations.

The conclusion states that the changes that have taken place during the pre-trial investigation simplify the work of the pre-trial investigation bodies, which carry out their activities in the form of inquiry and pre-trial investigation. Therefore, first and foremost, law enforcement officials must be knowledgeable in the field of human rights, as this contributes to the development of a culture of respect for these bodies on the part of society. As a result, it can be recognized that respect for human rights and freedoms not only strengthens public trust in law enforcement agencies, but also ensures the effectiveness and legitimacy of the criminal process as a whole.