Some problems of application of certain precautionary measures as measures of procedural coercion in criminal proceedings

: 117-122
Lviv Polytechnic National University, Institute of Jurisprudence and Psychology

The article is devoted to the problem of the purpose and grounds for the application of precautionary measures as a kind of measures to ensure criminal proceedings in the system of measures of procedural coercion in criminal proceedings. In particular, some problematic issues of application of some precautionary measures, in particular, detention, which give rise to systematic violations of individual rights in criminal proceedings, are raised. The current CPC of Ukraine has introduced a number of changes in the procedure for the application of precautionary measures as measures of procedural coercion, which, in general, turned out to be positive. However, the state of practical implementation of the precautionary measures procedure, both by pre-trial investigation bodies and courts, has revealed that both systems have not been properly reformed and remain not fully prepared for such innovations. And most abuses and violations of procedural law occur, first of all, during the application of precautionary measures, most of which fall on the most severe precautionary measure – detention. The author draws attention to several significant problems that have not been resolved in the criminal procedure legislation to date. In particular: – courts have a somewhat formal approach to the application of a measure of restraint in the form of detention, although such a strict measure of restraint is exceptional, and courts sometimes decide to apply it somewhat formally; – the current CPC of Ukraine, unfortunately, does not oblige the court to properly motivate its decision to continue detention, which creates a negative practice of often justifying the extension of detention on the same grounds throughout the period of stay of the suspect, accused in custody ; – incorrect initial qualification of the act entails a real possibility of applying to the person of the suspect detention, which means that due to negligence or abuse of investigation there is such a qualification of the act, which provides a much more real possibility of pre-trial detention; – to date in Ukraine there is no real mechanism for compensation (compensation) for damage caused by illegal activities of investigative and judicial bodies, including for illegal detention.

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Huzela M. "Some problems of application of certain precautionary measures as measures of procedural coercion in criminal proceedings"