DETENTION AS A PREVENTIVE MEASURE IN THE CONTEXT OF EUROPEAN COURT OF HUMAN RIGHTS DECISIONS

The article analyzes the purpose and grounds for application of a measure restraint such as detention in context decisions European Court Human Rights, provides requirements prosecution’s motions justifying choice extension this measure. authors consider when investigating judge should refuse to choose restraint. Criminal Procedure Code imposes similar obligation on prosecution, stating that latter must prove court, addition validity accusation risks non-procedural conduct, also impossibility applying milder When considering request precautionary measures, court are obliged establish whether evidence provided by parties criminal proceedings proves circumstances indicate: existence reasonable suspicion committing suspect, accused offense; there sufficient believe at least one Article 177 CPC Ukraine, which indicated investigator, prosecutor; insufficient measures prevent risk or specified application. judge, is decide apply restraint, if during consideration petition prosecutor does not all above circumstances. In addition, issue incomplete trial, remain unclear, clarification may be essential lawful, reasonable, fair decision, particular, if: properly clarified, characterizing object objective side crime: content act, presence causal link between act consequences, etc.; comprehensively completely unexplored basis subjective crime established: guilt, its forms, motives crime, etc. Key words: Rights; detention; investigator; judge; court.