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Article Cancellation of the Precautionary Measure for Completing Military Service During Mobilization, for a Special Period Pursuant to Part 1 of Article 616 of the Criminal Procedure Code of Ukraine, Conditions of Application and Problem Issues in Implementation
Authors
ANTON LISNIAK

PhD, Prosecutor Western District Prosecutor's Office of the city Dnipro (Dnipro, Ukraine) ORCID ID: https://orcid.org/0000-0001-7007-4011 Anthony1993@online.ua

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6 / 2022
Pages 128 - 138
Annotation

With the outbreak of full-scale war and the imposition of martial law, Ukraine has faced with new realties and public relations that require the legal definition and regulation. The Criminal Procedure Code of Ukraine underwent substantial changes in times of war. The accepted, supplemented and amended norms are novelties of the criminal process. It has led to their different interpretation and application.

In particular, the existing practice in the application of Article 616 Part 1 of the Criminal Procedure Code of Ukraine, namely, revocation of the preventive measure for conscription service during military mobilization, for a special period, indicates the existence of problematic issues in its application. In view of the above-mentioned conditions, it is unacceptable to use different interpretations of the law norms to evade suspects and accused person from fulfilling their procedural duties. It leads to a failure to achieve the goal of pre-trial investigation and the court proceeding.

The article is aimed at determination of the mandatory conditions for the cancellation of the preventive measure for conscription service during military mobilization, for a special period, under Article 616 Part 1 of the Criminal Procedure Code of Ukraine.

The goal of this article is also to outline the problematic issues that arise in connection with the implementation of the norms of the specified article.

During the research, general scientific theoretical methods were used: analysis, synthesis, abstraction as well as the methods of legal norms interpretation (grammatical, logical, systematic).

 The determination of the application conditions of Part 1 of Article 616 of the Criminal Procedure Code of Ukraine as well as the determination of the problems that arise in connection with this rule of law implementation are the result of the study.

The obtained results can be used as a method of law enforcement of Article 616 Part 1 of the Criminal Procedure Code of Ukraine. They can also be used for further scientific investigations on this topic.

 

Keywords preventive measure; holding in custody; military service; conscription service; mobilization; motion; interpretation; Article 616 of the Criminal Procedure Code of Ukraine
References
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