Анотація

The house arrest in the current Criminal Procedural Code of Ukraine is consolidated as one of the types of preventive measures. Analysis of statistics on selecting the house arrest in 2013 - 2017 has indicated an increase in the number of cases of its application from 13.6% to 23.5%. Such indicators testify to the gradually growing trust of practical workers to the preventive measure implemented in 2012. Instead, a number of disputable matters remain to be resolved in practice, which require separate study, in particular, to determine the place of executing the house arrest.

The objective of the article is to reveal issues regarding the definition of the place of executing house arrest and the expediency of finding out the opinion of persons living together with a suspect, an accused while choosing this type of preventive measure.

It has been concluded that the place of executing the house arrest according to the current criminal procedural law is assumed to be the dwelling place of a suspect, an accused, in case if he: 1) is the owner (co-owner) of such a dwelling place; 2) is registered in such a dwelling place; 3) permanently or temporarily resides in such a dwelling place without registration. It has been indicated that the problematic issue from a practical point of view is to determine the place of the house arrest, when a suspect falls ill and should be hospitalized. In this regard, the author has emphasized on the necessity to consolidate the provision in the Criminal Procedural Code of Ukraine that a medical institution should be  considered as temporary place of the house arrest, in case of the hospitalization of a suspect, an accused.

The actions of an investigating judge, the court have been separately studied in case, when the homeowner objects to use his dwelling as the place of executing house arrest. The author has grounded the position that in this case an investigating judge, the court must take into account all the circumstances set forth in the Art. 178 of the Criminal Procedural Code of Ukraine, as well as the position of the owner of the dwelling and persons living with a suspect, an accused. Besides, relations between the co-residents of a dwelling place should be clarified. Taking into account all circumstances, an investigating judge, the court chooses either the house arrest or other preventive measures.

Key words: Criminal Procedural Code of Ukraine, preventive measures, house arrest, the place of house arrest, a suspect, an accused.