The Security Service of Ukraine as a subject of the criminal process: current state and prospects

Abstract

The article examines the legal status of the Security Service of Ukraine (SSU) as a subject of criminal proceedings in the context of the ongoing transformation of the law enforcement system and the reform of the security sector. The purpose of the study is to provide a comprehensive analysis of the normative and legal framework governing the SSU’s participation in criminal proceedings, to define its powers, functions, and prospects for development, taking into account the needs of national security and the rule of law. The research methods include comparative-legal, system-structural, formal-legal, and functional approaches, which made it possible to study the SSU’s place among other pre-trial investigation bodies and to analyze the effectiveness of its procedural powers. The article outlines the stages of formation of the regulatory framework governing the SSU’s activity within the criminal process, identifies issues of law enforcement, and highlights conflicts between the provisions of the Criminal Procedure Code of Ukraine and special laws in the field of security. It was found that the SSU performs a dual function: it simultaneously acts as a law enforcement body conducting pre-trial investigations into crimes against the foundations of national security and as a subject of operational and investigative activity. This duality requires balancing procedural independence with appropriate accountability. The research results indicate the need to improve legislative regulation of the status of investigators and operational units of the SSU, as well as to delineate their powers from those of the National Police and the Bureau of Economic Security of Ukraine. The prospects of the Security Service of Ukraine’s activities within the criminal process are outlined, including the development of interagency coordination, the digitalization of evidentiary procedures, and the assurance of proper oversight by the prosecutor’s office. In conclusion, the modernization of the SSU’s procedural status is emphasized as an essential step toward strengthening legal guarantees during pre-trial investigations, increasing transparency in the activities of security agencies, and reinforcing democratic accountability within Ukraine’s criminal justice system.