Volume 11 - Issue 54
/ June 2022
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https:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.54.06.4
How to Cite:
Lisitsyna, Y., Gurtieva, L., Pavlyshyn, A., Lukashchuk, K., & Nuriyev, E.Z. (2022). Corruption Crimes and Peculiarities of their
Investigation Procedure under Martial Law. Amazonia Investiga, 11(54), 41-49. https://doi.org/10.34069/AI/2022.54.06.4
Corruption Crimes and Peculiarities of their Investigation Procedure
under Martial Law
Корупційні злочини та особливості процедури їх розслідування в умовах воєнного
стану
Received: June 20, 2022 Accepted: July 20, 2022
Written by:
Yuliya Lisitsyna14
https://orcid.org/0000-0001-5631-9297
Lyudmila Gurtieva15
https://orcid.org/0000-0001-5347-4718
Andriy Pavlyshyn16
https://orcid.org/0000-0002-9480-0791
Karina Lukashchuk17
https://orcid.org/0000-0001-9862-2884
Elnur Zakir Nuriyev18
https://orcid.org/0000-0002-6985-6734
Abstract
The military aggression of the Russian
Federation radically changed the life of every
Ukrainian, the main priorities of politicians, and
the court trial procedures. But even though the
whole country rallied against a common enemy,
corruption crimes have not disappeared and
continue to be committed. With the introduction
of martial law, the criminal procedural
legislation and the procedure for investigating
corruption crimes have changed. Therefore, it is
important to analyze the innovations of
corruption legislation, single out the most
common crimes, and investigate the peculiarities
of the procedure for investigating corruption
crimes under martial law. The purpose of the
work is the analysis of corruption crimes and the
peculiarities of the investigation procedure of
corruption crimes under martial law. The
research methodology consists of the following
methods: dialectical, systemic, historical-legal,
comparative-legal, and formal-logical (analysis
and synthesis, induction and deduction, proof
and refutation, comparison, generalization).
During the study of corruption crimes and their
14
Ph.D., Associate Professor of the Department of Criminal and Legal Disciplines of the Law Institute of the Lviv State University
of Internal Affairs (Ukraine).
15
Ph.D., Associate Professor of the Department of Criminal Procedure, Detective and Operational Research, National University
«Odesa Law Academy» (Ukraine).
16
Ph.D., Associate Professor of the Department of Criminal Procedure and Criminalistics, Ivan Franko National University of Lviv,
Ukraine.
17
Head of the Legal Department, National University «Odesa Law Academy» (Ukraine).
18
Ph.D. student, Baku State University, Law faculty, Department of Criminal law and Criminology (Azerbaijan).
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investigation in the conditions of military
aggression of the Russian Federation against
Ukraine, innovations in anti-corruption
legislation and changes in criminal procedural
legislation were analyzed. In particular, the
peculiarities of carrying out individual
investigative actions during the pre-trial
investigation were researched. As a result, it was
concluded that these actions are necessary and
timely to protect the rights of individuals and the
effectiveness of criminal procedural legislation.
Keywords: corruption, corruption crime,
investigation, martial law, criminal proceedings.
Introduction
Corruption is a big threat to every state that aims
to develop. The problem of corruption and its
elimination is especially acute during the martial
law in Ukraine because the actions of each
individual (including corrupt ones) are reflected
in the overall result of the country and the
proximity to victory.
In general, corruption (from the Latin
corrumpere – to spoil) due to its scale, multi-
level, and destructiveness has become the
number one issue for Ukraine, relegating the
problems of the drug trade, and arms trade,
terrorism to the background. Currently,
corruption primarily threatens national security,
as well as the ideals of democracy, human rights,
and law and order in general destroying good
governance, integrity, and social justice,
hindering competition and economic
development, and undermining the moral
foundations of society. Due to its close
connection with other forms of crime, corruption
also covers large amounts of assets, which can
constitute a significant share of public resources
and which threaten political stability, sustainable
development of the state, and its national security
(Burbelo, 2015).
Unfortunately, in Ukraine, after the introduction
of martial law, corruption did not disappear, but
on the contrary took on a new color: new
"distribution schemes" of budget funds, sale of
humanitarian aid, and illegal assistance to
customs officials. By choosing a corrupt act, a
person takes the side of the aggressor.
Anti-corruption legislation in Ukraine even in the
pre-war period was difficult to call effective,
although there are a large number of anti-
corruption bodies: The National Anti-Corruption
Bureau, the Specialized Anti-Corruption
Prosecutor's Office, the National Agency for the
Prevention of Corruption, the High Anti-
Corruption Court, the Bureau of Economic
Security. In addition, there is also the Office of
the Prosecutor General (OGPU), and the
Ministry of Internal Affairs and Security Service
of Ukraine (SBU). However, in the conditions of
martial law, changes were made to the criminal
process, which brought it closer to the realities of
war.
In particular, Law No. 2201-IX "On
Amendments to the Criminal Procedural Code of
Ukraine on Improving the Procedure for
Conducting Criminal Proceedings under Martial
Law" was adopted, which amended the Criminal
Procedural Code of Ukraine and determined that
the content and form of criminal proceedings
under martial law states must comply with the
general principles of criminal proceedings
specified in Part 1 of Art. 7, taking into account
the specifics of criminal proceedings defined in
section IX-1 of the Code. The legislator changed
the title of Section IX-1 of the Criminal
Procedure Code of Ukraine to "Special regime of
pre-trial investigation, trial under martial law"
and added art. 615 (Law No. 2113-IX, 2022).
In addition, it is proposed to adopt a draft law,
according to the provisions of which corruption
during martial law is proposed to be equated with
high treason and to be punished either by
deprivation of liberty for a term of up to 15 years
or by life imprisonment in the case of particularly
serious crimes (Draft of the Law No. 7348,
2022). Also, Supreme Commander-in-Chief of
the Armed Forces of Ukraine Volodymyr
Zelenskyy signed several laws that increase
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liability for crimes against national security
during martial law (Armia Inform, 2022).
Because of this, it is meaningful to study the
corruption crimes under martial law and to pay
attention to the procedure of their investigation.
Theoretical Framework or Literature Review
Currently, in Ukraine, there is a small amount of
theoretical research devoted to problematic
issues and specifics of the examination of
corruption crimes under martial law. At the same
time, certain aspects of the of corruption crimes
and the peculiarities of their investigation
procedure under martial law were studied by
domestic and foreign researchers.
Borovyk (2022) considered the issue of the work
of anti-corruption bodies under martial law. The
researcher noted that anti-corruption detectives
and prosecutors currently help the Office of the
Prosecutor General to collect evidence of war
crimes committed by the occupiers: they record
information from victims and eyewitnesses, and
employees of the Department of Special
Operations of the NABU, who have the skills of
sappers, together with colleagues from the SBU
conduct demining, search for the assets of
sanctioned officials, oligarchs, and other officials
abroad. The author emphasizes that such
cooperation is important for the exchange of data
on the property of citizens of the Russian
Federation.
In his work, Burbelo (2015) considered the
basics of the methodology of investigating
crimes related to corruption. The article analyzes
the problems of investigating corruption crimes
by investigators and examines the elements of the
forensic characteristics of corruption crimes, the
peculiarities of planning and putting forward
versions; typical investigative situations, and
their corresponding sets of overt and unspoken
investigative (search) actions; peculiarities of the
tactics of individual investigative actions; the
specifics of the use of special knowledge;
peculiarities of the interaction of the investigator
with other services during the investigation of
corruption crimes.
Moreover, Dobrochynska (2020) investigated
the pre-trial investigation of corruption and
corruption-related crimes. In particular, the
lawyer noted that the method of investigation
differs according to the grounds for entering
information about a criminal offense into the
Unified State Register of Pretrial Investigations:
in connection with the receipt of a complaint
about a corruption crime or according to
information obtained in the process of
operational investigative activities, audits,
checks through mass media information.
Dunda (2022) describes the idea that corruption
in war is worse than looting. The author believes
that in the Ukrainian legislative field, the
punishment for corruption during the war should
also be equated with responsibility for
cooperation with the enemy, and it is necessary
to work on writing relevant bills.
The issue of the qualification of crimes and the
role of martial law as a circumstance affecting
the qualification of a crime and the imposition of
punishment was considered by Kravchuk and
Mykhaylenko (2022). Kudryavtsev (2022)
analyzed the features of the detention procedure
under martial law.
The object of Lazunkova's (2018) research was a
special one the regime of pre-trial investigation
in conditions of war, state of emergency, or in the
area of an anti-terrorist operation. The
researcher's work is aimed at an in-depth study of
the theoretical and applied aspects of pre-trial
investigation in the conditions of war, state of
emergency, or in the area of anti-terrorist
operation, including Lazunkova analyzed the
history of the development of criminal
procedural legislation under the conditions of
special legal regimes and the practice of its
implementation.
In his work, Obletov (2022) analyzed the illegal
actions of police officers under martial law, as
well as the features of protecting citizens from
such illegal actions.
Remarks on the introduction of martial law and
problematic aspects of criminal justice under
martial law were analyzed in his article by
Pashkovsky (2018).
Plashenko (2022) analyzed the legal
consequences of the adoption of the draft law,
which can equate corrupt actions during the war
with treason.
Additionally, Savchenko (2016) analyzed the
problematic issues of corruption crimes. The
author notes that, firstly, corruption crimes are
conventional, that is, their existence is
recognized by the provisions of international
(including European) conventions; secondly,
they are criminalized in the legislation of many
states of the world, including those that arose on
the territory of the former USSR. In the opinion
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of the author, in the theoretical plan, corruption
crimes should be understood as socially
dangerous and punishable intentional acts, which
contain signs of corruption and are committed by
special subjects, provided exclusively by the
Criminal Code of Ukraine. The list of these
crimes should be expanded and specified, while
those crimes committed by "an official using his
official position" (and not only "by abusing his
official position") should be recognized as
corruption.
Tatarov (2017) analyzed legislative trends in the
criminal process in Ukraine. The article analyzes
the changes and additions to the criminal
procedural legislation since the entry into force
of the Criminal Procedure Code of Ukraine in
2012, the prerequisites for their adoption, the
reasons for the repeated introduction of
additions, as well as the consequences of their
application in the aspect of the functioning of the
law enforcement system and ensuring
compliance with the rights of citizens.
Further, Tsermolonsky (2022) considered the
peculiarities of criminal proceedings under
martial law. The author analyzed the peculiarities
of entering information into the Unified Register
of Pretrial Investigations under martial law, the
powers of the head of the prosecutor's office
during the application of Art. 615 of the Criminal
Procedure Code of Ukraine, notification of the
court on the prosecutor's decision and the
procedure for appealing them, features of the use
of testimony obtained during interrogation,
features of investigative actions, and suspension
of pre-trial investigation.
Finally, Chupryna (2022) also considered the
peculiarities of the criminal process under
martial law and the conduct of separate
procedural actions.
As can be seen from the above analysis of the
literature, there are currently available studies on
changes in legislation under martial law, but not
enough attention is paid to the specifics of the
investigation of corruption crimes under martial
law.
Methodology
The research methodology consists of the
following methods: dialectical, systemic,
historical-legal, comparative-legal, and formal-
logical (analysis and synthesis, induction and
deduction, proof and refutation, comparison,
generalization).
The role of the dialectical method in the
conducted research is that it makes it possible to
find new results. Given the fact that dialectics,
studying not specific forms and types of
development, but general points, connections,
and regularities of any change, is not only a
general theory of development but also a
universal method of learning about developing
objects, the use of the dialectical method made it
possible to understand how martial law affects
various legal phenomena, including the
procedure for investigating crimes.
The use of the system method made it possible to
reveal the interrelationships of the elements of
the crime investigation procedure, especially in
the conditions of martial law. On the one hand,
this method contributed to a comprehensive
analysis of the features of criminal proceedings
under martial law in general, and on the other
hand, the very use of the method through
interrelationships contributed to the construction
of a cause-and-effect relationship between the
procedure and the conditions of martial law.
The historical-legal method was based on the
analysis of changes in the procedure of
investigation of corruption crimes in different
historical conditions and periods.
The comparative legal method as a method of
studying legal features by comparing legal
norms, institutions, principles of the same name,
and the practice of their application, made it
possible to compare the procedure of
investigating corruption crimes under normal
conditions and martial law, analyze key
differences and reveal the influence of external
factors on the procedure of investigation of
crimes in a comparative context.
Formal-logical methods (analysis and synthesis,
induction and deduction, proof and refutation,
comparison, generalization) helped to investigate
the specifics of the procedure for investigating
corruption crimes under martial law, as well as to
establish the causes and consequences of
inconsistencies in the regulation of such a
procedure.
Results and Discussion
To begin with, it is worth paying attention to the
debatable issues regarding the specifics of the
crime investigation procedure at the current
moment.
For example, some lawyers and academics note
that despite changes in legislation, the anti-
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corruption activities of law enforcement agencies
to reveal corruption crimes are currently
suspended, as anti-corruption detectives and
prosecutors help the Office of the Prosecutor
General to collect evidence of war crimes by the
occupiers: they record information from victims
and eyewitnesses. In addition, a number of
specialized state bodies remain without
managers, which undoubtedly affects the
effectiveness of the work of such bodies. At the
same time, other lawyers note that even under
martial law there are significant improvements in
the work of law enforcement agencies, and the
appointment of managers is only a matter of time.
We believe that it is undoubtedly important to
ensure uninterrupted work of such state bodies,
and to implement important legislative changes
that will be commensurate with threats to
national security from committed offenses, will
ensure human rights, and will be effective in
detecting corruption offenses.
Regarding the specifics of the investigation of
crimes, including corruption, a number of
changes have taken place. For example, during a
pre-trial investigation, if the defense attorney is
unable to take part in the procedural actions live,
the investigator and/or the prosecutor can ensure
remote participation of the defense attorney
using technical means (video, audio
communication). Of course, such innovations are
due to the introduction of martial law, which has
the consequence of violating the constitutional
rights of citizens. At the same time, a number of
lawyers, with whose opinion we agree, note that
in the case of remote participation of the
defender, the suspect, the accused do not have the
opportunity to communicate confidentially with
their lawyer, which violates not only the rights of
the person who is brought to criminal
responsibility, but also raises the question
protection of lawyer's confidentiality, if before
the start of the investigative action, the suspect,
the accused was given the opportunity to
communicate with his lawyer by means of video
and audio communication. In addition, the
lawyer is deprived of the opportunity to make
sure that no measures of psychological or
physical influence were applied to his client, to
make sure of the voluntariness of the actions of
the client during investigative actions. We
believe that even under martial law, investigative
and procedural actions should be conducted in a
way that minimizes the violation of the rights of
persons who are criminally liable or who are
victims of a crime. The same problematic issues
are related to simplified access to things and
documents, temporary seizure of property. We
believe that in the conditions of martial law, the
restriction of rights should be commensurate
with the threat to national security, and the
procedure for investigating corruption crimes
should not violate human and citizen rights.
So, the main principles of preventing and
countering corruption are laid down in the Law
of Ukraine "On Prevention of Corruption
(Law No. 1700-VII, 2014). In turn, responsibility
for committing acts of corruption is determined
by the Criminal Code of Ukraine (Law
No. 2341-III, 2001).
As for corruption crimes, they include the
following:
1. Art. 191 of the Criminal Code of Ukraine.
One of the most widespread crimes in the
field of corruption is appropriation, waste
of property or taking possession of it
through abuse of official position;
2. Art. 366‑1 of the Criminal Code of
Ukraine. Declaration of false information
(Law No. 2341-III, 2001).
However, in the conditions of martial law, the
criminal legislation regarding corruption crimes
underwent changes. In particular, the Law "On
Amendments to the Criminal Code of Ukraine on
Strengthening Liability for Looting" was
adopted.
The changes are reflected in the qualifications for
committing a crime under martial law. For
particularly qualified crimes, the relevant parts of
the articles of the Criminal Code provide for
much greater punishments. As for all other
crimes, for which similar qualified compositions
(commitment under martial law) are not
specifically provided for in the Criminal Code,
then in case of their commission, they are
qualified as usual - according to the
corresponding article or part. At the same time,
Law No. 2117-IX "On Amendments to the
Criminal Code of Ukraine on Strengthening
Liability for Looting" provides (Law No. 2117-
IX, 2022):
1) enshrining in part 4 of the 191
(appropriation, waste of property or
possession of it through abuse of official
position) of the Criminal Code of the
Criminal Code qualifying the commission of
the specified acts "under conditions of war
or state of emergency";
2) increasing the minimum punishment for
looting (Article 432 of the Criminal Code)
from three years of imprisonment to five,
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while the maximum punishment has not
changed (ten years).
Thus, the Law strengthened criminal
responsibility for looting in the broadest sense of
the term.
Therefore, the above-mentioned changes are
aimed at establishing a fairer criminal-legal
response of the state to corruption offenses under
martial law.
The procedure for investigating corruption
crimes is subject to general changes made to
criminal procedural legislation under martial
law.
In particular, there are peculiarities of entering
information into the Unified Register of Pretrial
Investigations. The provisions of clause 1. part 1
of Art. 615 of the Criminal Procedure Code of
Ukraine establishes that in the absence of a
technical possibility of access to the EDPR, the
decision to start a pre-trial investigation is made
by the investigator or prosecutor, which is issued
by a resolution (Law No. 4651-VII, 2012).
Information to be entered into the EDPR is
entered into it as soon as possible. This rule
applies to all crimes, including corruption.
Clause 2 part 1 of Art. 615 of the Criminal
Procedure Code of Ukraine provides for the
expansion of the powers of the prosecutor by
delegating to him the separate powers of the
investigating judge to resolve a number of issues,
namely: implementation of the pretext (Article
140 of the Criminal Procedure Code of Ukraine);
temporary access to things and documents
(Articles 163, 164 of the Criminal Procedure
Code of Ukraine); seizure of property (articles
170, 173 of the Criminal Procedure Code of
Ukraine); application or change of preventive
measure (Article 186 of the Criminal Code of
Ukraine); application of a preventive measure
(Article 187 of the Criminal Procedure Code of
Ukraine); permission to detain a suspect, accused
for the purpose of incitement (Articles 189, 190
of the Criminal Procedure Code of Ukraine);
terms of pretrial investigation (Articles 219, 249
of the Criminal Procedure Code of Ukraine);
conducting interrogation, identification by video
conference during the pretrial investigation
(Article 232 of the Criminal Procedure Code of
Ukraine); conducting investigative (search)
actions related to the restriction of the
constitutional rights of participants in criminal
proceedings (intrusion into a person's home or
other property (Article 233 of the Criminal Code
of Ukraine), search (Articles 234, 235 of the
Criminal Code of Ukraine), obtaining samples
for conducting an examination (Article 245 of the
Criminal Code of Ukraine); permission to search
a person's home or other property (Articles 233-
235 of the Criminal Code of Ukraine); taking
samples for examination (Article 245 of the
Criminal Code of Ukraine); granting permission
to conduct secret investigative (search) actions
(articles 246–248 and 250 of the Criminal
Procedure Code of Ukraine); selection of a
preventive measure in the form of detention for a
period of up to 30 days for persons suspected of
committing crimes provided for in Articles 109–
115, 121, 127, 146, 146-1, 147, 152–156-1, 185,
186, 187, 189–191, 201, 255–255-2, 258–258-5,
260–263-1, 294, 348, 349, 365, 377–379, 402–
444 of the Criminal Code of Ukraine, and in
exceptional cases also in committing other
serious or particularly serious crimes, if the delay
in choosing a preventive measure may lead to the
loss of traces of a criminal offense or the escape
of a person suspected of committing such a crime
(Law No. 4651-VII, 2012). The above-
mentioned powers of the head of the prosecutor's
office in case of impossibility of execution of the
relevant powers by the investigating judge within
the terms established by law apply to all crimes
without exception. At the same time, the list
contained in Art. 615 of the Criminal Procedure
Code of Ukraine, refers exclusively to the powers
of the prosecutor to choose a preventive measure
in the form of detention for up to 30 days
(Law No. 4651-VII, 2012). Part 3 of Art. 615 of
the Criminal Procedure Code of Ukraine states
that the decisions made by the prosecutor in the
cases and in the manner provided for in this
article shall be immediately notified at the
earliest opportunity to the prosecutor of a higher
level, as well as to the court determined in
accordance with the procedure provided for by
the legislation, with the provision of copies of
relevant documents no later than 10 days from
day of notification. Therefore, prosecutors in
accordance with Art. 615 of the Criminal
Procedure Code of Ukraine must report on their
decisions and submit copies of relevant
documents to local courts within whose
territorial jurisdiction the criminal offense was
committed (Law No. 4651-VII, 2012). The
calculation of the deadline for providing copies
of relevant decisions of the prosecutor should be
carried out taking into account the provisions of
part. 3, 5, 6, 7 art. 115 of the CPC of Ukraine.
The procedure for using testimony obtained
during interrogation has not remained
unchanged. In the conditions of martial law, the
court can base its conclusions only on the
testimony that it directly perceived during the
court session, or obtained in the manner
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prescribed by Article 225 of this Code. The court
is not entitled to substantiate court decisions with
testimony provided to the investigator,
prosecutor, or to refer to them, except for the
procedure for obtaining testimony, determined
by Article 615 of this Code. Testimony obtained
during the interrogation of a witness, victim,
including the simultaneous interrogation of two
or more already interrogated persons, in criminal
proceedings carried out under martial law, may
be used as evidence in court only if the course
and results of such interrogation were recorded
using available technical means of video
recording. Testimony obtained during the
interrogation of a suspect, including the
simultaneous interrogation of two or more
already interrogated persons, in criminal
proceedings conducted under martial law, may
be used as evidence in court only if a defense
attorney participated in such interrogation, and
the course and results of the interrogation were
recorded using available technical means of
video recording (Law No. 4651-VII, 2012).
Regarding the specifics of conducting individual
investigative actions, in accordance with Clause
1, Part 1, Art. 615 of the Criminal Procedure
Code of Ukraine, in urgent cases, an inspection
of the scene of the incident may be conducted
before the inquiry officer, investigator, or
prosecutor issues a resolution on the initiation of
a pre-trial investigation (the resolution is adopted
immediately after the inspection is completed).
In turn, the legislator in paragraph 2 of clause 1
of part 1 of Art. 615 of the Criminal Procedure
Code of Ukraine provides for removal from Part
1 of Art. 106 of the Criminal Procedure Code of
Ukraine of obligation of the investigator or
prosecutor who conducts the relevant procedural
action to draw up a protocol during its conduct or
immediately after its completion, and provides
the possibility of technical recording of
procedural actions by available technical means,
with further drawing up of a protocol of
procedural action no later than 72 hours from the
moment of its completion, in cases where it is not
possible to draw up procedural documents about
the progress and results of investigative actions
or other procedural actions. According to Clause
4 of Art. 223 of the Criminal Procedure Code of
Ukraine, conducting investigative (search)
actions at night (from 10 p.m. to 6 a.m.) is not
allowed, except in urgent cases, when a delay in
conducting them may lead to the loss of traces of
a criminal offense or the escape of a suspect, as
well as except implementation of criminal
proceedings in accordance with the procedure
established by Art. 615 of this Code. Thus, with
the introduced changes, the legislator provided
the opportunity for investigators and prosecutors
to conduct investigative actions 24 hours a day
under martial law conditions. In addition, during
a search or inspection of a person's home or other
property, a search of a person, if it is objectively
impossible to involve witnesses or the
connection but with a potential danger to their
life or health, relevant investigative (search)
actions are carried out without the involvement
of witnesses. In such a case, the course and
results of a search or inspection of a person's
home or other possessions, a search of a person,
shall be recorded by available technical means
through continuous video recording. This
practice is dangerous for the protection of
individuals.
Also, it is worth noting the specifics of
suspending the terms of pre-trial investigation
during the investigation of corruption crimes.
According to the rule of Clause 3, Part 1, Art. 615
of the Criminal Procedure Code of Ukraine, in
the absence of an objective possibility of further
conduct, completion of the pre-trial investigation
and an appeal to the court with an indictment, a
request for the application of coercive measures
of a medical or educational nature, a request for
the release of a person from criminal
responsibility – the term of the pre-trial
investigation in criminal proceedings is
suspended on the basis of a reasoned resolution
of the prosecutor with a description of the
relevant circumstances and is subject to renewal
if the grounds for suspension no longer exist.
Thus, during the martial law, a number of
changes were made to the criminal procedural
legislation, which are reflected in the
investigation of corruption crimes.
Conclusions
The peculiarities of the procedure for
investigating corruption crimes under martial law
were analyzed and the following conclusions
were made:
1. Despite the introduction of martial law, the
phenomenon of corruption has not
disappeared in Ukraine, but on the contrary
has taken on new forms, which in their
essence and social danger can be equated to
treason.
2. Corruption legislation has undergone
changes. Thus, the criminal liability for
looting in the broadest sense of the term
(appropriation, waste of property or taking
possession of it by abusing an official
position in conditions of martial law or state
of emergency) has been strengthened in
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order to establish a fairer criminal-legal
response of the state to corruption offenses
in conditions of martial law.
3. During the martial law, changes were made
to criminal procedural legislation and Law
No. 2201-IX "On Amendments to the
Criminal Procedural Code of Ukraine
regarding the improvement of the procedure
for conducting criminal proceedings under
martial law" was adopted, which changed
the procedure for entering information about
criminal proceedings in the USSR , the
procedure, powers of law enforcement
officers, the procedure for conducting
separate investigative actions, the use of
testimony and other procedures for the
purpose of effective pretrial investigation
and ensuring national security.
As for further scientific research, it is important
to pay attention to the peculiarities and
problematic issues of conducting separate
investigative actions during the investigation of
corruption crimes under martial law.
Bibliographic references
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