Criminal proceedings in conditions of resource constraints: challenges of martial law and ways of optimization
Pages: 149-161
Year: 2025
Location: Pravova Ednist Ltd
Дата публікації: 30.06.2025
Review
The work examines the current problems of criminal proceedings in conditions of limited resources, in particular in the context of the legal regime of martial law, from the standpoint of feasibility, possibilities of means of procedural economy and its limits. Procedural economy is defined as a tool for optimizing the criminal process, and issues of its practical implementation are investigated. The essence of procedural economy is revealed as a complex of legal mechanisms aimed at rationalizing procedural resources without harming the quality of pretrial investigation and trial. Attention is paid to the structural elements of procedural economy, its place in the system of principles of criminal proceedings and functional purpose. Attention is paid to the correlation of procedural economy with the requirements of the procedural form, as well as its role in ensuring the efficiency and effectiveness of criminal proceedings. Legal and organizational mechanisms for achieving the optimal balance between the speed and completeness of the investigation of the circumstances of criminal proceedings are considered. Separate approaches to determining the optimal model of procedural economy are substantiated, which provides for a number of requirements and restrictions taking into account the principles of criminal proceedings and the specifics of martial law. Such a model should take into account the temporary nature of the relevant restrictions, the need for further adaptation of procedures to peacetime, as well as international standards of justice in emergency situations. Martial law cannot be a basis for a complete rejection of procedural guarantees, but allows their adaptation to extreme conditions. Special attention is paid to finding a balance between saving procedural resources and the need to comply with the fundamental principles of criminal proceedings, in particular legality, fairness, the presumption of innocence, and ensuring the right to defense. Potential risks of excessive and unjustified saving of procedural resources are considered, which may lead to a violation of the rights of participants in the process and a decrease in the quality of justice. Special attention should be paid to preventing the use of martial law as a pretext for unjustified restriction of procedural rights and simplification of procedures where this is not objectively necessary.