THE ROLE OF THE INVESTIGATING JUDGE IN ENSURING THE RIGHT TO PROTECTION AT THE STAGE OF THE PRE-TRIAL INVESTIGATION IN THE CONDITIONS OF MARTIAL STATE

The article defines the role of the investigating judge in ensuring the right to defense at the stage of pre-trial investigation under martial law. It is noted that the right to defense at the stage of pre-trial investigation under martial law, being an independent legal guarantee against unjustified and illegal criminal prosecution of a person, must also be protected by the state from its possible violation or arbitrary restriction, and therefore must be the subject, first of all, of judicial protection. The analysis of the concept and content of the function of the investigating judge and his powers defined by the CPC of Ukraine allows us to emphasize the conclusion that in order to ensure the right to defense at the stage of pre-trial investigation under martial law, the activities of the investigating judge consist in exercising judicial control over the prevention of the violation of the specified right by the prosecution. To fulfill this goal, the investigating judge is vested with the following powers: 1) powers to ensure the right to defense when deciding on the application of measures to ensure criminal proceedings; 2) powers to ensure the right to defense when considering and resolving issues regarding granting permission to conduct investigative (search) and covert investigative (search) actions; 3) powers to ensure the collection of evidence by the defense in the event of the refusal of the investigator or prosecutor to grant the defense request; 4) powers to protect human rights, enshrined in Article 206 of the Code of Criminal Procedure of Ukraine; 5) powers to consider complaints against decisions, actions or inaction of the prosecution that violate the right to defense. It has been determined that the scope of powers of the investigating judge at the stage of pre-trial investigation under martial law may be limited due to the objective impossibility of their actual implementation. However, this does not mean that under such conditions he is not a participant in criminal proceedings at all and does not always perform the function of judicial control, i.e. only under the condition of the introduction of the legal regime of martial law in the manner prescribed by law. The absence of objective possibility is an evaluative concept and is subject to establishment and specification in each individual case. It should be understood that the exercise of the powers of the investigating judge cannot be carried out due to irresistible external circumstances caused by the conduct of