Problematic issues of state secret protection during pre-trial investigation in criminal proceedings under articles 111 and 114 of the Criminal Code of Ukraine

Abstract

The relevance of the research is determined by the necessity of ensuring proper protection of state secrets in criminal proceedings related to offenses against the foundations of national security, particularly treason and espionage. Under conditions of martial law and hybrid threats, safeguarding confidential information becomes a matter of special urgency. The purpose of this article is to comprehensively study the problems of state secret protection during pre-trial investigations in criminal proceedings, to identify directions for improving legal regulation and the practice of its application. The research methodology is based on a complex approach that combines formal legal analysis, a systemic-structural method, and a comparative legal approach. Current legislation, subordinate normative acts, as well as recent judicial and investigative practices, have been analyzed. The method of legal modeling has been applied to formulate proposals for improving mechanisms of state secret protection. The research results indicate the existence of a multi-level system of state secret protection, which includes constitutional provisions, special legislation, criminal procedural safeguards, and subordinate acts. It has been established that legislative changes in recent years have transformed investigative practice, strengthened criminal liability, and expanded the list of acts requiring an enhanced secrecy regime. A contradiction has been identified between the principle of publicity of justice and the necessity of non-disclosure of classified information, as well as problems concerning the defense’s access to classified materials. Conclusions. The current system of state secret protection is insufficiently unified and requires improvement in the context of digitalization and hybrid threats. It is proposed to strengthen the access system to classified information, introduce secure electronic repositories, expand the use of cryptographic protection, and establish specialized infrastructure for conducting investigative and judicial actions under secrecy conditions. Prospects for further research include studying international standards and practices of EU and NATO countries regarding the protection of state secrets, as well as conducting a comparative analysis of the effectiveness of the mechanisms already introduced in Ukraine.