Review

In this article norms of international legal documents were analysed (the Universal Declaration of Human Rights, the International Pact on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the Commonwealth of independent States Convention on Human Rights and Fundamental Freedoms), which relate to regulation of rights for freedom and personal immunity. The author refers to the practice of the European Court of Human Rights regarding the application of such restrictive measures as detention. This article adduces the data that as of 11 april 2013 the ECHR held 81 decisions in cases against Ukraine under article 5 of the Convention, in which 157 of violations were established. This article also defines novel norms of the Criminal Procedural Code 2012, which may be deemed as procedural guarantees that secure rights for freedom and personal immunity. It also indicates that number of deficiencies of the preceding legislation, that were leading to the recognition of the violation of article 5 of the Convention, were amended with the enactment of the new Criminal Procedural Code. Thus, sec. 1 art. 183 CPC recognises the detention as an exceptional restrictive measure, which is applied exclusively in case, when a prosecutor fails to prove, that none of more lenient restrictive measures will be able to prevent risks defined in sec. 1 art. 177 CPC. According to the general rule, detention as a restrictive measure is not applicable, except for the cases provided in sec. 2 art. 183 CPC.

Keywords: criminal procedure, human rights, restrictive measures, immunity.