Review

This article is devoted to the review and analysis of the role of the court, the investigating judge during a preventive measure in the form of detention. In this regard, reviewed legislation, jurisprudence on these issues and explored obligations investigating judge on Human Rights concerning the enforcement of human persons in custody.

The article draws attention to the fact that the modern judicial control in the mechanism of human rights during a preventive measure in the form of detention as in PDAs of Ukraine as a whole, based solely on the most progressive provisions set out by the international community, and therefore is an extremely powerful tool in ensuring the principles of criminal proceedings such as the rule of law.  Investigating judge in criminal proceedings is the guarantor of the observance and protection of rights, freedoms and interests of suspects and accused persons and is an objective and independent, impartial figure, which takes independent decisions.

The author analyzes the practice of criminal proceedings, where used a preventive measure of detention, and concludes on the necessary changes to improve the role of the court as the guarantor of rights and freedoms during a preventive measure in the form of detention.

In the scientific article distinguishes the duties of the investigating judge on Human Rights concerning the enforcement of human persons rights in custody.

Also the author specifies that the court may be a full guarantee of the rights and freedoms during a preventive measure in the form of detention only on compliance with conditions of social, moral and volitional terms.

Keywords: preventive measure, judicial control, guarantee human rights and freedoms, measures to ensure the criminal proceedings, detention.