Ensuring Fair Trials: Preserving Independence and Impartiality in Criminal Pre-Trial Investigations during War in Ukraine

The right to an effective investigation of the circumstances of a criminal offence must be ensured during martial law to guarantee a fair trial. The article explores the regulatory framework for effective pre-trial investigation standards under martial law. The article notes that the provisions of the current criminal procedural law are imperfect in terms of legal regulation of effective pre-trial investigation standards, which negatively affects the effectiveness of criminal proceedings during martial law. The article emphasizes that the requirement for an effective investigation must be followed during martial law, which means implementing the relevant standards for conducting effective investigations in criminal proceedings. The article underscores that the provisions of the criminal procedural law do not always contribute to the implementation of effective investigation standards. The article emphasizes that legislative provisions regarding the regulation of the identification and replacement of an investigator during the pre-trial investigation during martial law do not contribute to compliance with the "independence and impartiality" standard of effective investigation. The article determines that procedural norms regarding the legal regulation of pre-trial investigation deadlines before the notification of suspicion during martial law do not contribute to the implementation of the "exemplary conscientiousness" standard of effective investigation. The article asserts that the provisions of the criminal procedural law regarding the legal regulation of the commencement of pre-trial investigation during martial law are not aligned with the "efficiency" standard. The author concludes that changes need to be made to the provisions of the Criminal Procedural Code of Ukraine to address the problems of the regulatory framework for effective pre-trial investigation standards under martial law.