Review

The article is devoted to the review of the the grounds of application preventive measure in the form of detention. In this regard, reviewed the legislation, litigation on these issues and examined the criteria for determining and classifying the grounds preventive measure in the form of detention.

According to ch. 2, Art. 177 Code of Ukraine grounds preventive measures include the following elements: the presence of reasonable suspicion of having committed a criminal offense by a person; availability risks that give sufficient reasons investigating judge of the court to believe that a suspect might flee from the pre-trial investigation, trial, interfere with the criminal proceedings or continue illegal activities, destroy, conceal or distort any of the things or documents with essential to establish the circumstances of the criminal offense and so on.

Reasons for use of detention can be divided into: 1) procedural grounds, which is the duty of the prosecutor to prove that none of the softer precautions can prevent risks in the performance of the suspect, accused entrusted to him procedural obligations; 2) material base, that relating to the qualification of actions of the person and his previous criminal activity.

Consider that the grounds for a preventive measure in the form of detention, from a theoretical point of view, be regarded as facts, which binds of law in Ukraine CCP authorized persons to limitations in criminal proceedings within the constitutional right of the suspect, accused at liberty and personal security through the use of detention.

Only comprehensive application of the CCP Ukraine provided grounds for a preventive measure in the form of detention, can objectively assist in making decisions and procedural safeguards to ensure the rights and freedoms during the preventive measure of an exceptional nature.

Keywords: preventive measure, еvidence, grounds, the evidence base, detention.