ARREST or BAIL changes with 17.01.2012 year (humanization)

According to the law of Ukraine "On amendments to some legislative acts of Ukraine on humanization of responsibility for violations in the sphere of economic activity", which came into effect from 17.01.2012 year, the Verkhovna Rada of Ukraine introduced changes to the Criminal procedure code of Ukraine regarding the procedure and Sevani chosen measures of restraint. Thus the legislator has determined the priority of preventive measures in the form of bail before arrest.

According to the requirements of article 165. (General provisions on the application, cancellation and change of a measure of restraint) restraint in the form of collateral, the taking into custody is applied only by a reasoned decision of the judge or court order.
Other measures applied by a decision of the body of inquiry, investigator, Prosecutor, judge or court order.
Obligations under article 149-1 of this Code and imposed on the person as a judge of the court may be modified or revoked only by a judge's decision or determination of the court.

To replace one of another measure or a waiver, amendment or repeal of duties under article 149-1 of the CPC and conferred upon man, is the body of inquiry, investigator, Prosecutor, judge or court in compliance with the requirements stipulated by the first part of this article.

In the event of termination of the case, the expiry of the period of detention, if this deadline is not extended in accordance with the law, and in other cases the person's release from custody during pre-trial investigation is carried out on the basis of the decision of the body of inquiry or the investigator who carry out pre-trial investigation, or the Prosecutor, they immediately inform the court chose the measure of restraint. The release from custody in criminal cases that are in court proceedings, is carried out only by the decision of the judge or court.

Obligations under article 149-1 of the CPC and placed on the individual in applying preventive measures are revoked or modified when they no longer need or when the need arises to modify them. The measure repealed or changed when no longer need safety in the West or in previously applied.

In cases of crimes for which an basic punishment in the form of a fine of more than three thousand non-taxable minimum incomes of citizens, suspect, accused, defendant can be applied the measure of restraint in the form of bail or detention in the cases and in the manner prescribed by this Chapter";

Under article 155, the taking into custody as a preventive measure may be applied:

1) in cases of crimes for which the law provides the main punishment in the form of a fine of more than three thousand non-taxable minimum incomes of citizens, solely in if the suspect, accused, defendant has not fulfilled obligations related to the previously applied to it the measure of restraint, including the duties under article 149-1 of the code of criminal procedure, or has not complied in the prescribed manner of the requirements for the Deposit of funds as collateral, and providing the document, which confirms this;

2) in cases of crimes for which the law prescribes a penalty of deprivation of liberty for a term not exceeding three years, exclusively in cases where the suspect, accused, defendant, being at liberty, were hiding from the inquiry, pre-trial investigation or trial, let the truth in the case of, continued criminal activity or has not fulfilled obligations related to the previously applied to it the measure of restraint, including obligations under
article 149-1 of this Code;

3) in cases of crimes for which the law prescribes a penalty of deprivation of liberty for a term exceeding three years";

after the first part to add the following new part to read:

"The measure of restraint in the form of detention cannot be applied to previously convicted person, the suspect or accused the crime for which the penalty of deprivation of liberty for a term not exceeding five years, except when the person being at liberty, were hiding from the bodies of inquiry, pretrial investigation or trial, have prevented the determination of the truth or continued criminal activity."

"If the body of inquiry, the investigator considers that there are grounds for election of a measure of restraint in the form of bail or detention, he makes the consent of the attorney representation in court. The same performance may make the Prosecutor. When addressing this issue, the Prosecutor is obliged to get acquainted with all the materials that give the reasons for election of a measure of restraint in the form of bail or detention, to check the legality of obtaining evidence of their adequacy for the prosecution";

In practice, the courts are not particularly VisaNet is there evidence of hiding from the investigation, obstruction of the truth or continue prestupnoi activities. Generally the courts approach is quite subjective to these questions. For example, the refusal to testify or active protection of the suspect can subjectively be recanatese as obstructing ustanovleniju istiny; no appearance on the call to the investigator by phone or not getting the agenda is regarded as a desire to hide from the investigation, etc. Scitum harmful this practice and that must be eradicated. However, increased border penalties from 3 to 5 years, from which the courts still are repelled by the election of a measure of restraint. This is a positive trend.


Expanded powers of attorney, with whom from now on, the investigator will need to agree not only on the election of the suspect, the accused measures in the form of taking into custody and collateral.

However, the said Act have not been amended articles 148 and 150 of the criminal procedure code of Ukraine, according to which in deciding on the application of the preventive measure takes into account the gravity of the crimes for which a suspect, accused person, his age, state of health, family and financial situation, type of activity, place of residence and other circumstances which characterize it.


As before, the measure of restraint applied in the presence of sufficient grounds to believe that a suspect, accused, defendant, convict will attempt to evade investigation or trial, or the execution of procedural decisions, to obstruct the establishment of truth or to continue criminal activity.


It does not set specific duty of the court to refer to the evidence of the possibility of such deviations, webrepository and extensions of criminal activity.
Still when deciding on a preventive measure is not incumbent on the court to find out whether collected enough evidence proving the guilt of the person, and whether they are valid, which gives the opportunity to continue to apply a measure of restraint in respect of persons wrongly accused of crimes.