To the question of territorial jurisdiction in criminal proceedings concerning the disappearance of persons in the post-war period

The issue of determining jurisdiction in criminal proceedings involving the disappearance of persons as a result of hostilities or related circumstances has been extremely complex and relevant for twelve years now. Only in 2025 was this procedure partially regulated by criminal procedural legislation (Articles 216, 218, 615), but the issue remains sensitive outside the scope of the aforementioned provision, as it contains elements of competition and temporality. This article is devoted to analysing the need to introduce a permanent norm for determining territorial jurisdiction in the above-mentioned category of criminal proceedings. The article examines a number of problematic issues related to determining territorial jurisdiction in criminal proceedings involving the disappearance of persons, related to combat operations, which have not only procedural consequences in the form of violations of reasonable time limits, completeness and effectiveness of pre-trial investigations, but also socio-ethical consequences – a decline in public confidence in law enforcement agencies when working with vulnerable victims. It has been determined that the timely appeal of the applicant to law enforcement agencies at his place of residence, in (relatively) calmer regions that are not in close proximity to the combat zone, not at the place where the criminal offence was committed, the entry of information into the Unified Register of Pre-trial Investigations, conducting initial investigative (search) activities, appointing the necessary expert examinations and maintaining constant interaction with operational and military units, can lead to a faster and more timely response to the incident, establishing the location of the missing person, and, in the event of the death of the person being searched for, their timely identification in the most effective manner, and are currently the main factors in the effectiveness of pre-trial investigations. The main points, including problematic ones, that should be taken into account when deciding on the issue of territorial jurisdiction in the specified category of proceedings are outlined. The need to amend Article 218 of the Criminal Procedure Code of Ukraine is emphasised, taking into account the arguments referred to by the author of the article, as they point to the need to regulate the issue of determining territorial jurisdiction on a permanent basis. The relevance of this issue for a long time after the end of the war for Ukraine’s independence is argued.