POWERS OF THE PROSECUTOR IN THE PROCEDURE OF CANCELLATION OF A PREVENTIVE MEASURE FOR MILITARY SERVICE BY CONSCRIPTION DURING MOBILIZATION, IN A SPECIAL PERIOD AND/OR MILITARY SERVICE UNDER CONTRACT FOR PERSONS OF THE RANK AND FILE, SERGEANT AND MASTER SERGEANT, AND OFFICER CORPS

Abstract

Article 65 of the Constitution of Ukraine establishes that the protection of the Fatherland, independence and territorial integrity of Ukraine, and respect for its state symbols are the duty of citizens of Ukraine. Citizens perform military service in accordance with the law.

By Decree of the President of Ukraine No. 64/2022 of February 24, 2022, martial law was introduced in Ukraine, which was repeatedly extended. Full-scale armed aggression of the Russian Federation against Ukraine has become a challenge for all citizens of our country, state institutions that must ensure its sustainable functioning and fight against the enemy in this difficult period. Society is faced with the need to form a significant human resource to defend the Fatherland, in particular mobilization.

Responding to relevant requests, the legislator is constantly transforming current legislation in order to create a comprehensive effective mechanism for countering armed aggression. Criminal procedural law is no exception. However, in this procedure, the legality of the prosecutor's imperative powers to initiate before the investigating judge or court the issue of canceling the preventive measure in the form of detention of the suspect, accused for the continuation and/or completion of military service by conscription during mobilization, for a special period and/or military service under a contract for privates, sergeants, non-commissioned officers and officers in accordance with Part 1 of Article 616 of the Criminal Procedure Code of Ukraine is subject to scientific assessment.

The article analyzes the compliance of innovations with guarantees of observance of the rights, freedoms and interests of the individual in criminal proceedings.


References

1. Law of Ukraine dated March 15, 2022 No. 2125-IX “On Amendments to the Criminal Procedure Code of Ukraine Regarding the Procedure for Lifting a Preventive Measure for Military Service under Conscription during Mobilization, in a Special Period, or Its Change on Other Grounds” // Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/2125-20/ed20240516#n8 Text (accessed: 03.02.2026).