SELECTION OF PREVENTIVE MEASURE IN THE FORM OF DETENTION OF SUSPECTS IN CORRUPTION OFFENSES

Abstract

Corruption is one of the most acute problems of modern Ukraine, which not only undermines citizens' trust in state institutions, but also causes significant damage to the country's economic development and international image. The article is devoted to the analysis of the legal principles and features of choosing a preventive measure in the form of detention for suspects in corruption offenses in Ukraine. The norms of the Criminal Procedure Code of Ukraine (hereinafter - the CPC), the practice of the European Court of Human Rights (hereinafter - the ECHR), as well as the issue of the balance between ensuring criminal proceedings and protecting human rights are considered. The criteria for the justification of such a measure, typical risks in corruption cases and recommendations for improving judicial practice are studied.

The improvement of the institution of detention in corruption cases should be carried out in the direction of strict adherence to the legislative justification for the application of a preventive measure in the form of detention, taking into account international standards. This will not only allow us to effectively combat corruption, but also to avoid unjustified restrictions on human rights. Further research should be aimed at developing mechanisms for high-quality and objective investigation of corruption offenses, which may reduce the need for prolonged detention.

The practice of the international court indicates the need for an individual approach, taking into account real risks when choosing a preventive measure such as detention. Improving legislation and judicial practice will contribute to the balance between the fight against corruption and the protection of human rights. Research into the practice of the international court set out in the decisions of the ECHR: the decision in the case “Kharchenko v. Ukraine”, the decision in the case “Ignatov v. Ukraine”, the decision in the case “Nechyporuk and Yonkalo v. Ukraine”, the decision in the case “Klishyn v. Ukraine”, which concern violations associated with the application of a preventive measure in the form of detention, has an impact on improving the norms of national legislation.