On June 6, 2022, the online meeting with lawyer Oleksandra Paramonova took place according to the schedule of professional introductory practice of bachelor's degree students of the Faculty of Law.
The experienced lawyer shared her rich practical experience in the jurisprudence, gained over eight years of work in the prosecutor's office and seven years of advocacy. However, the main topic of the meeting was the issue of human rights protection, namely protection and self-defense during the search and detention. Human rights issues have emerged as acute and extremely relevant in the difficult conditions of martial law in which the citizens of Ukraine are today.
“Martial law imposed in Ukraine by the Decree of the President of Ukraine № 64/2022 of 24.02.2022, extended by the Decree of the President of Ukraine № 259/2022 of 18.04.2022 was approved by the Law of Ukraine № 2212-IX of 21.04.2022“ On the legal regime martial law ". Ukrainian jurisprudence was not ready for such events. The prompt changes for the proper functioning of the entire criminal justice system were the result of the adoption of the Law of the Verkhovna Rada of Ukraine of April 14, 2022 №2201-IX, which enshrined amendments to the CPC to improve the procedure of criminal proceedings under martial law, "said Ms. Alexandra.
Analyzing the law, the lawyer focused the attention of higher education seekers on the main aspects of the search and detention, in particular:
during martial law it is allowed to conduct investigative actions at night - from 22:00 to 06:00 (from 22:00 to 06:00) in the manner prescribed by Art. 615 of the Criminal Procedure Code of Ukraine;
a search or inspection of a person, his home or other property may be carried out without the involvement of witnesses, but provided that there are objective circumstances: this is impossible or due to a potential danger to their life or health;
the progress and results of the search or inspection must be recorded by continuous video recording;
Investigative actions must be carried out with the participation of counsel. In this case, the participation of the defender in the process can be remote - by video or phone. If a person needs an interpreter of explanations, testimony or documents, and his participation is not possible, this function can be performed by an investigator, investigator or prosecutor.
Oleksandra Paramonova also paied the attention of online listeners to the rules of changing jurisdiction, as well as the power to choose a measure of restraint in the form of detention for up to 30 days, performed by the head of the prosecutor's office (paragraph 2 part 1 of Article 615 CPC of Ukraine) .
The meeting with the practitioner in law aroused the interest of the applicants in this topic, as evidenced by the large number of questions to which the invited lawyer provided constructive answers and advice.