Regarding the defense counsel’s participation in criminal proceedings at the pre-trial investigation stage

It is indicated that the participation of a defense attorney in criminal proceedings at the stage of pre-trial investigation, especially in the conditions of martial law, is a complex process that requires attention and research. Depending on the context of the conflict and the specific circumstances, the participation of the defender may be limited or unavailable at all, which violates the principles of fair trial and equality. So, this article examines the participation of defense counsel in criminal proceedings during the pre-trial investigation stage, particularly in times of a state of war. The article analyzes the legal norms and procedural rules that define the rights and obligations of defense counsel during the pre-trial investigation. Specifically, it explores the defense counsel’s right to participate in procedural actions, including the questioning of witnesses, experts, and suspects, as well as the examination of crime scenes and evidence, and access to case documents and materials.The research is based on relevant data, including the Presidential Decree No. 64/2022 and amendments to the Criminal Procedure Code of Ukraine. By analyzing legislative acts, it is revealed that a state of war affects the participation of defense counsel in criminal proceedings. In particular, a state of war may lead to changes in the legal system, the adaptation of procedural rules, and the provision of conditions for the functioning of the justice system during challenging periods.Analysis of legislative acts and experience showed that additional measures and recommendations are needed to ensure the effective participation of the defender in the pre-trial investigation during martial law. It is important to develop mechanisms that guarantee the rights of the defender, in particular, access to information, the opportunity to participate in procedural actions and ensuring confidential communication with the client. In addition, attention should be paid to the education and training of lawyers so that they are ready to effectively defend the rights of suspects and accused persons in the difficult conditions of the conflict.