The article investigates the rules-exceptions, which together with «traditional» norms of criminal procedural law form the content of the institute of pre-trial investigation under martial law, emergency or in the area of anti-terrorist operations. It is mentioned that rules-exceptions in criminal procedural law are the less known category. The lack of theoretical and legal developments, which would study features of such regulation, analyze legal norm, which form its contents and their specific features, is noted.
It is noted that the inclusion of these standards into the legislation may imply variable regulation in exceptional justified cases. The author analyzes the basic features of rules specific rules-exceptions. Attention is drawn to such of them as exceptions to the spatial and temporal characteristics of general common criminal procedural law, the general rule adjustments and alternative application, availability of required factual conditions for their possible implementation. Through systematic analysis of the norms that form the institute of pre-trial investigation under martial law, emergency or in the area of anti-terrorist operation, a drawback of such exclusive regulation – the lack of legal certainty, collisions, is revealed. It is stated that one of the priorities of the criminal procedural science is the harmonization of these rules with the system of criminal procedural law and the establishment in general, of an effective model of pre-trial investigation under conditions terms of the special legal regimes.
Keywords: pre-trial investigation, special regime, institution, legal norms, the rules-exceptions, features the rules-exceptions, «exclusive» legal regulation, special legal regimes