CONCEPT, MEANING AND PLACE OF PREVENTIVE MEASURES IN THE SYSTEM OF PROCEDURAL FORCING MEASURES

Abstract

The article examines the concept, meaning and place of preventive measures in the system of procedural coercion measures in the criminal process of Ukraine. It was emphasized that the activity of investigative bodies, the prosecutorʼs office and the court will not be effective if it does not include various means of influencing the behavior of participants in criminal proceedings. These state bodies should have more opportunities to control the behavior of certain individuals and effectively limit their constitutional rights and freedoms. A detailed study of preventive measures as a tool of coercion shows that they have an independent purpose and a significant preventive nature, but their application is accompanied by certain difficulties. In criminal proceedings, preventive measures ensure the desired course, content and conditions of the process, preventing improper actions of suspects or accused persons.

It is indicated that the legal regime of martial law requires a special approach to ensuring the proper behavior of persons suspected of committing a criminal offense. For the optimal application of preventive measures against suspects, there is an urgent need to bring criminal law norms into line with modern realities, taking into account the course of hostilities and the state of the territories under occupation, where the suspects may be. These factors emphasize the relevance of the problem in society and the need for its detailed analysis and attention in practice.

It is specified that the extraordinary procedure for the cancellation of a preventive measure for military service under conscription during mobilization for a special period. The specificity is that the relevant request of the suspect or the accused must be addressed to the prosecutor, who has the right (but not the obligation) to apply to the investigating judge or the court with a request to cancel the preventive measure. Moreover, both detention (only under the conditions established in Part 1 of Article 616 of the Criminal Code of Ukraine) and other preventive measures (Part 4 of Article 616 of the Criminal Code of Ukraine) can be cancelled.

It was concluded that in the conditions of martial law, the legislator established a special procedure for applying, changing and canceling preventive measures. According to this procedure, it is possible to change the preventive measure from bail to personal commitment or, for example, from house arrest to personal commitment. Personal bail could be a promising preventive measure in collaboration cases, but according to the current law, detention is used for such persons - the most severe of the above measures, which has its advantages and disadvantages, but in some ways is more effective.