Preventive Measures: What They Are and How to Counter Them
Short answer
Types of preventive measures from personal obligation to detention. How to convince the court to choose the mildest measure. A preventive measure restricts the rights of a suspect/accused to ensure the proceedings. It is chosen exclusively by an investigating judge or court.
- Published
- Legally reviewed
- Author
- Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015
Step-by-step action plan
- 1Prepare evidence of permanent residence, family, employment
- 2Collect character references and recommendations
- 3Substantiate absence of risks
- 4Propose an alternative measure (bail instead of detention)
- 5If detention is ordered — immediate appeal
Preventive Measures in Ukraine
A preventive measure restricts the rights of a suspect/accused to ensure the proceedings. It is chosen exclusively by an investigating judge or court.
Types of Preventive Measures (mildest to strictest)
What the Court Considers
Defense Strategy
Rule of law and case law
What the law provides
- Criminal Procedure Code of Ukraine — ст. 176–206, 309
What follows from case law
The Supreme Court emphasizes proof of the risks listed in Article 177 CPC and compliance with special conditions when detention is considered in the person’s absence.
Official sources
- LawCriminal Procedure Code of Ukraine — ст. 176–206, 309
- Supreme CourtSupreme Court position on detention and appellate review
- RegistryUnified State Register of Court Decisions
- RegistrySupreme Court Legal Positions Database
Frequently asked questions
What should be done first?
Prepare evidence of permanent residence, family, employment
Which laws govern this situation?
The key rules are contained in the official texts: Criminal Procedure Code of Ukraine — ст. 176–206, 309.
Is a Supreme Court conclusion itself a rule of law?
No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.