тримання під вартою

Preventive Measures under Martial Law: Problematic Aspects of Application and Improvement

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 extraordinary circumstances.

Problems of precautionary measure application in the view of detention under guard in Ukraine

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.