Joint Investigation Team as a form of cooperation between Ukraine and the EU in the field of criminal policy under the conditions of russian aggression

Abstract

The article is devoted to analyzing the activities of the joint investigation team as one of the most advanced tools for investigating and documenting international crimes. Compared to traditional forms of international cooperation, the joint investigation team has several advantages: the rapid exchange of information, coordinated actions, direct access to evidence, and comprehensive support from international organizations. At the same time, conducting investigative actions in Ukraine is complicated by critical security risks for JIT members.
The author provides a successful example of the investigation into the crash of Malaysia Airlines Flight MH-17, which was shot down on July 17, 2014. Thanks to the effective work of the first joint investigation team with the participation of Ukraine, the District Court of The Hague sentenced three perpetrators to life imprisonment.
The article contains a thorough study of international and national legislative acts regulating the creation and functioning of joint investigation teams. Based on the analysis of Article 571 of the Criminal Procedure Code of Ukraine, the author concludes that the legislator primarily regulates the procedure and grounds for JIT creation, while the mechanism of joint investigation group work is presented in a rather general manner and clearly needs improvement. The legal status of international group participants and the limits of their powers remain open issues.
The author considers it appropriate to amend Article 541 of the Criminal Procedure Code of Ukraine («Definition of Terms») by including an official definition of the concept of a «joint investigation team,» which would contribute to a unified and standardized interpretation of this term by the competent authorities of the Ukrainian side.
A comparative analysis of the criminal procedural legislation of Poland and France indicates the existence of a rather detailed regulation of JIT activities in these countries, which can serve as a benchmark for improving Ukrainian legislation. To enhance the efficiency of joint investigation teams, it is necessary to refine the legislative frameworks of member states by strengthening mechanisms for protecting confidential information and establishing a clear procedure for collecting, using, and exchanging evidence.