Psychosocial support in criminal proceedings in Ukraine as crisis communication during martial law and the post-war period

Abstract

This article examines the necessity and legal feasibility of institutionalizing psychosocial support within the criminal procedure framework of Ukraine, particularly in the context of martial law and post-war recovery. Drawing on doctrinal legal analysis and comparative law, with special attention to the German model, the study highlights the acute psychological vulnerability of certain groups—children, persons with disabilities, war veterans, victims of war crimes—and their increased exposure to secondary victimization during criminal proceedings.

Existing legislative gaps in the Ukrainian Criminal Procedure Code are identified, with emphasis on the lack of procedural mechanisms for the involvement of psychologists and facilitators. It proposes a comprehensive legal reform package, including the introduction of new procedural definitions, participant rights, and institutional roles for psychosocial facilitators. By conceptualizing psychosocial support as a form of crisis procedural communication, the study argues for its critical role in ensuring procedural fairness, dignity, and effective participation.

The findings aim to inform national legislative efforts and promote alignment with international human rights standards, particularly those established under EU Directive 2012/29/EU. The article concludes with specific legislative recommendations and calls for the development of an integrated system of support services within the Ukrainian justice system.