RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of April 25, 2003 No. 4

About practice of application by courts of measure of restraint in the form of taking prisoner and prolongation of terms of detention at stages of inquiry and pretrial investigation

Right to liberty and security of person is one of the most significant human rights. Part 2 of Art. 29 of the Constitution of Ukraine provides that nobody can be arrested or be held in custody differently, than on the motivated judgment both only on the bases and according to the procedure, established by the law. According to this regulation the choice concerning the suspect accused measures of restraint in the form of taking prisoner and prolongation of terms of detention at pre-judicial stages of process is referred by the criminal procedure law only to competence of court.

Generalization of practice of application of measure of restraint in the form of taking prisoner and prolongation of terms of detention showed that courts of Ukraine in general provide timely hearing of cases of this category according to the law. At the same time there are cases of the wrong application of the procedural law which regulates judicial review of such cases.

For the purpose of ensuring the correct and identical application of the criminal procedure legislation on the choice of measure of restraint in the form of taking prisoner and prolongation of terms of detention, remedial action and mistakes which are made at the same time by courts the Plenum of the Supreme Court of Ukraine DECIDES:

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