THE HISTORY OF THE DEVELOPMENT OF THE INSTITUTION OF PREVENTIVE MEASURES IN CRIMINAL PROCEEDINGS OF UKRAINE

Abstract

The article is devoted to the process of formation and development of the institution of preventive measures in criminal proceedings of Ukraine. Analyzed the legal framework. Defined concept, types and General characteristics of the preventive measures provided by the Charter of criminal proceedings of the Russian Empire in 1864. Found which legislative changes to the system of measures were introduced by the government of the UPR, Hetman Skoropadsky and the Ukrainian Central Rada. Studied the Collection of Legalizations and Orders of the worker-Peasant Government of Ukraine 13.10.1922, the Resolution of the V  Congress of figures of the Soviet justice (10-15 March 1924), as well as RSFSR code of criminal procedure, enacted 15.09.1927, which greatly expanded the system of preventive measures, among which there were measures that applied to soldiers – «nearest observation» that later changed its name to «the supervision of the commander of the military unit». The evolution of the Institute of preventive measures during the time of Soviet Ukraine reached its climax with the adoption of the code of Criminal procedure in 1960. The new code of criminal procedure provided for such measure of restraint as bail and measures applied to juvenile - parental care and supervision of the administration of children's institutions.

Progressive provisions of the criminal procedure code of 1960 was the extension part of the preventive measures, did not provide for detention.

But, unfortunately, the criminal procedure code of 1960 only laid out the path to democratization and humanization of criminal proceedings and made the first important steps in this direction, but then for more than a quarter of a century it is, in fact, remained unchanged. Further, the CCP has repeatedly undergone changes. Thus, the changes that have been made in the criminal procedure code of Ukraine, 21 June 2001, introduced a new order of election concerning the suspect, accused a preventive measure in the form of detention. Prior to that, the right to elect a measure of restraint belonged to the Prosecutor, after the change is the competence of the courts.

However, the adoption of a fundamentally new criminal procedure law took place only in 2012.