SEPARATE FEATURES OF THE INSTITUTION OF DETENTION IN THE CRIMINAL PROCESS OF UKRAINE

Abstract

The work considers topical issues of normative regulation of detention, which are the subject of discussions for doctrine and practice. The author emphasizes the need to unify the grounds for detention that can be used by authorized officials. Particular attention is paid to part 1 of Article 208 of the Criminal Procedure Code of Ukraine, proposing to make changes to harmonize with international legal acts and current provisions of the Constitution of Ukraine. Part 2 of Article 207 of the Criminal Procedure Code of Ukraine, which refers to checking the status of a judge during the detention of a person, is also analyzed. The need to establish proper procedures and develop appropriate norms for the effective implementation of preventive detention is noted. The article also analyzes in detail the issue of the term of detention established in clause 6 of part 1 of article 615 of the Criminal Procedure Code of Ukraine. The author notes that this term, which is 216 hours, is inconsistent with the provisions of Article 211 of the Criminal Code of Ukraine and Article 29 of the Constitution of Ukraine, which establish the maximum term of detention without a decision of an investigating judge or court. Based on the analysis, the author comes to the conclusion that the existing shortcomings and inconsistencies in the regulatory regulation of detention require appropriate changes to the Criminal Code of Ukraine. The main purpose of these changes is to ensure the unification and compliance of the institution of detention with international standards and national legal acts. In addition, the author emphasizes the importance of taking into account the principles of the rule of law, reasonable restriction of the rights and freedoms of a person when developing the rules governing the detention process. Recommendations on streamlining the detention procedure and improving legislation in this area can contribute to ensuring justice, protection of rights and effective functioning of the criminal process in Ukraine. In general, the article focuses on the need to amend the legislation of Ukraine in order to regulate issues of detention in the criminal process and bring them into line with international standards and the requirements of the Constitution of Ukraine.