GUARANTEES OF OBSERVANCE OF THE SUSPECT (ACCUSED) RIGHTS WHEN HOUSE ARREST IS APPLIED

Abstract

The article examines guarantees of respect for the rights of the suspect (accused) when house arrest is applied. It was emphasized that the foreign and domestic policy of Ukraine cannot be considered separately from the process of European integration, since the changes taking place in our country open up new opportunities for establishing qualitatively new relations with European partner countries and the entire world community. The assertion of Ukraine as a democratic state on the world stage requires the active participation of the national legal system and law enforcement agencies, especially in the conditions of crisis phenomena that are currently occurring in our country. In this period, it is important to form new approaches, using the positive experience of European countries and the decisions of the European Court of Human Rights.

It is indicated that it would be reasonable to use house arrest for minors who are accused of committing criminal offenses, since their detention in a temporary detention center or a pre-trial detention center not only does not have a positive effect on their upbringing, but, on the contrary, can harm the child’s psyche. Such a precautionary measure may also be justified for a whole group of persons with special needs, such as those suffering from incurable diseases, dependent minor children or the elderly.

It is specified that the essence of house arrest as a preventive measure is to limit the possibility of the suspect (accused) to leave his home during the day. This measure can be applied only in the case of an accusation of committing a crime punishable by imprisonment. The internal affairs bodies implement the decision of the investigating judge or court, placing the suspect (accused) on the record, using electronic means of control, and exercising control over his behavior, in particular by visiting his place of residence and using electronic monitoring of his location.

It was concluded that the definition of house arrest as a preventive measure requires further regulatory regulation to determine who and how should supervise the behavior of a person under house arrest, as well as not to violate the rights of the suspect (accused) when applying this preventive measure.