Анотація

The article is devoted to the research and classification system guarantees the rights and freedoms during a preventive measure in the form of detention. In this regard, reviewed the legislation, litigation on these issues and studied classification criteria guarantees of rights and freedoms in general.

Classified guarantees the rights and freedoms stipulated Code of Ukraine regarding the use of restraint in the form of detention by setting what they are:

1) the task of criminal proceedings;

2) the principles of criminal proceedings;

3) set onus probandi purpose and reason preventive measure in the form of detention;

4) the right to legal counsel;

5) criminal procedural form;

6) the term of the decision on the application of a preventive measure in the form of detention;

7) legal responsibility for the lack of grounds or for violation of the order and the rights and freedoms during custody;

8) procedural responsibility in the form of cancellation of procedural decisions (including the system of appeals for). They are enshrined in the criminal procedural legislation of Ukraine.

Defining a classification system and warranties can be concluded that the totality of these guarantees will only work in a system that is the essence of its implementation, each of its elements is inalienable part and can be implemented separately from other.

Keywords: guarantees of rights and freedoms; preventive measure; detention.