DETERMINATION OF BAIL IN CASE OF APPLICATION OF A MEASURE OF RESTRAINT IN THE FORM OF DETENTION: CERTAIN ASPECTS

Abstract

When applying a measure of restraint in the form of detention before the investigating magistrate, the court has three possible options for determining an alternative measure of restraint in the form of bail, depending on the cases, namely: either he is obliged to determine bail, or can determine bail (when it is his right), or to obey or not to obey a direct prohibition in the criminal procedure law. At the same time, the investigating magistrate and the court must adhere to the principle of legality, which consists in the fact that during criminal proceedings the investigating magistrate or the court must strictly comply with the requirements of the Constitution of Ukraine, this Code, international treaties ratified by the Verkhovna Rada of Ukraine, and the requirements of other legislative acts . At the same time, the principle of the rule of law must be observed, according to which a person, his/her rights and freedoms are recognized as the highest values and determine the content and direction of the state's activities. This article sets out specific proposals for amendments to the criminal procedure law of Ukraine, which will introduce bail with real estate, the obligation to reduce its amount by at least 20 percent of the previous amount when extending a preventive measure in the form of detention with the determination of bail, the exclusion from the Criminal Procedure Code of Ukraine of part four of Article 183 (which specifies cases when the investigating judge, When making a ruling on the application of a measure of restraint in the form of detention, the court has the right or obligation not to determine the amount of bail in criminal proceedings), to determine the amount of bail only taking into account the property status of the suspect or accused, to abolish the minimum limit for determining the amount of bail.