Review

The article deals with the issues of legal detention. Legal detention, under Art. 207 of the Criminal Procedural Code of Ukraine, establishes the right of everyone to legal detention without the approval of an investigating judge, a court of any person other than those mentioned in Art. 482 of the Criminal Procedural Code of Ukraine (hereinafter - the CPC of Ukraine). This right is granted to unauthorized officials and is determined as legal detention.

The purpose of the article is to analyze legislation on the legal basis of legal detention, the definition of subjects entitled to carry out legal detention without the approval of the investigating judge, the court, making proposals to overcome the burden of problems faced by the detention institute with the aim of improving the current CPC of Ukraine and enforcement practices.

The procedural status of the detained person, actual and procedural detention is considered. The procedural distinction between "legal detention" and "detention by an authorized official" raises a number of questions regarding the terminological determination of the legalness of detention without the approval of the investigating judge, the court and the legality of the detention in advance. The risks during legal detention that may arise during the detention of a suspected person are considered. It is noted that the institution of such detention exists in other states and compares the current legal detention with the CPC of Ukraine in 1960. The delay in delivering the detained person and the immediate moment of detention are considered. It is noted that the legal detention carried out by unauthorized officials (citizens) in accordance with the CPC of Ukraine and the detention of authorized officials in accordance with the current Laws of Ukraine are similar in determining the legalness of detention. Preventive detention and detention are considered on the territory of diplomatic missions, consular offices of Ukraine, on an air, sea or river vessel, which is located outside Ukraine under the flag or with a distinguishing mark of Ukraine, if this ship is assigned to a port located in Ukraine. It is noted that the legalness of detention without the order of an investigating judge, the court can not be determined by legal detention in advance. Indicates the need for judicial review in any detention. Proposals are made to resolve the problematic issues of legal detention and improve procedural legislation.

The problems of legal detention must be resolved by introducing systemic changes to the existing criminal procedural legislation. The main factor in determining the legalness of detention without the approval of an investigating judge, the court should be further verification of such detention by a court. Without judicial review, no detention can be recognized as legal in advance. Other types of detention, according to the laws of Ukraine, are carried out by authorized officials in accordance with the said normative legal acts, and in content are also legal detentions, unless otherwise determined by the court.

Key words: legal detention, detention by unauthorized officials, preventive detention, de facto and procedural detention, detention on the territory of diplomatic missions, consular offices of Ukraine, on air, sea or river vessels outside Ukraine under the flag or with a distinguishing sign of Ukraine , if the ship is assigned to a port located in Ukraine, judicial control.