detention

Abstract. The article highlights the problem of the transformation of the institution of preventive
measures in criminal proceedings in Ukraine under martial law. A relevant area of study is the balance between
the need for effective crime counteraction, particularly against crimes against the foundations of national
security, and the state’s obligation to guarantee fundamental human rights, primarily the right to liberty and
personal inviolability, which, according to the Constitution of Ukraine, is not subject to restriction even under

Annotation. The article examines problematic issues related to the use of preventive measures in the form of detention in criminal cases and the experience of foreign countries in this area. The practice of the European Court of Human Rights regarding detention and its decisions are analyzed in the context of legal norms and standards related to human rights.

The article is devoted to the problem of state coercive measures in criminal proceedings, as well as the implementation of constitutional rights and freedoms of detainees in criminal proceedings, which is a defining criterion that characterizes the state as democratic, social and legal.