Review

The article deals with the problems of election and application of a security measure of restraint as bail at the stage of pre-trial investigation. Moreover, the authors justifies the provision of the opportunity to appeal the specified preventive measure.

The article critically examines the existing state of the possibility of appeal the use of bail and explains the need of amendments to the Criminal procedural code for the purpose of granting the right to appeal against the use of bail.

Then the author focuses on the problems of legal regulation of the choice of bail. In particular, analyzes the grounds and conditions for the use of bail as alternative to detention in custody.

The article outlines conceptual theoretical issues of determine the size of bail. Additionally, the authors proposes to provide an opportunity to determine the size of bail below the lower defined limit. Moreover, the authors consider on the question of the size of bail depending on the size of the civil suit.

In this contexts, the authors focus on the most problems of judicial practice.

Finally, the authors come to the conclusion that raised theoretical and practical issues that determine the procedure for the selection and application by the investigating judge of a precautionary measure in the form of bail require further legislative improvement, and in the future guaranteeing the right to appeal will eliminate the corruption risks of the probability of violating the property rights of a person in the field of criminal justice.

Key words: measure of restraint, bail , investigator judge, appeal.