Investigative experiment as a tool for proving military criminal offenses during pre-trial investigation

The article analyzes the peculiarities of conducting investigative experiments under the current conditions of martial law. The increase in the number of military criminal offenses necessitates the improvement of methods for investigating them. One of the key tools of evidence in criminal proceedings is the investigative experiment, which allows one to verify and clarify the circumstances of the event, recreate the mechanism of its development, and assess the reliability of the testimony of the participants in the proceedings. The peculiarities of military criminal offenses—such as insubordination, desertion, violation of statutory rules, or crimes against the order of service—create specific conditions for conducting investigative experiments. They require consideration of military discipline, security, and the specifics of the situation, which often differ from civil criminal proceedings. The regulatory framework for investigative experiments in Ukraine is based on the provisions of the CPC of Ukraine, but its application in military criminal proceedings has a number of features that are not always clearly regulated. This creates a need to develop uniform approaches and methodological recommendations that would take into account the specifics of military service and combat conditions. It should also be noted that in scientific literature, the issue of investigative experiments has been studied mainly in the general context of criminalistics, but its application in military justice remains insufficiently covered. This creates a gap that needs to be filled by analyzing the legal norms, practices, and methods of conducting this investigative action specifically in cases of military criminal offenses. The scientific novelty of the study lies in an attempt to systematize the features of conducting investigative experiments in military criminal proceedings, determine their evidentiary value, and outline the problems that arise in practice. It is also important to compare Ukrainian experience with international standards, which allows recommendations to be developed for the harmonization of legislation and practice. The practical significance of the work lies in the possibility of using its results to improve the effectiveness of pre-trial investigation bodies, optimize the process of evidence gathering, and ensure fair trial of military crimes.