Problems of precautionary measure application in the view of detention under guard in Ukraine

Abstract

Annotation. The article examines problematic issues related to the use of preventive measures in the form of detention in criminal cases and the experience of foreign countries in this area. The practice of the European Court of Human Rights regarding detention and its decisions are analyzed in the context of legal norms and standards related to human rights. Particular attention is paid to the experience of countries where alternative preventive measures are implemented in order to improve the justice system and ensure human rights, which can be effective and do not limit human rights to such a severe degree as detention. In addition, issues related to unsubstantiated detention decisions, excessively long proceedings and the need to increase the transparency of this process are considered. The importance of observing human rights during the application of a measure in the form of detention, which is the most severe and restrictive measure, is particularly emphasized, therefore its application must be justified and fair.