Review

The article discusses particular complex questions regards preventive measure as detention; statutory appeal of the investigating judge decision; extension of the time of holding in custody and features of calculating terms of the investigating judge decision concerning the application of the preventive measure as detention; the necessity of settlement the detention terms during a trial. On the basis of current criminal procedural legislation of Ukraine and practice grounded proposals aimed at improvement of preventive measure in the form of detention during the preliminary investigation of the criminal offense and the trial. Substantiated the author's position regarding the interpretation of certain provisions of the legislation governing the use of restraint in the form of detention, continued its terms and the relevant decisions of the appeal investigating judge European standards ensuring the human right to liberty and security. Formulated in article proposals for normalization the term of the preventive measure of detention during the court proceedings aimed at harmonizing current legislation of Ukraine with European standards ensuring the human right to liberty and security.

It is noted that at the same time during their stay in custody since the adoption of the sentence and the return of criminal proceedings with the Court of Appeal regulatory undefined, but actually it is equal to 1 to 4-5 months, during which the accused detained without a decision on continuing detention by CPC established procedure as appellate judges do not decide whether to continue or deny the extension of detention of the convicted person.

Keywords: preventive measure, detention, investigating judge decision, detention terms, extension of the terms of detention, bail, statutory appeal.