The Law of August 16, 2022 No. 2531-IX and the Law of November 1, 2022 No. 2810-IX also amended part one of Article 183 of the Code, in connection with which the provisions on the application of such an exceptional preventive measure as detention, exclusively in the event that the prosecutor proves the impossibility of applying more lenient preventive measures, taking into account the risks specified in Article 177 of the Code, do not apply to the cases provided for in part eight of Article 176 of the Code.
The legislative initiative to amend the Code by Laws is due to the need to increase the efficiency of the investigation of certain crimes against the foundations of national security of Ukraine and public safety. Thus, crimes for which, in accordance special database with Part Eight of Article 176 of the Code, no other preventive measures, except detention, may be applied to suspects or accused persons.
Due to the established regulatory regulation of the choice of a preventive measure for persons suspected or accused of committing crimes provided for in Articles 402-405, 407, 408, 429 of the Criminal Code of Ukraine,, the court, having weighed the relevant risks and the circumstances of a specific case, cannot apply another, milder, preventive measure than detention to the specified persons. Accordingly, the preventive measure for such persons is exclusively detention, which is justified at the legislative level only by the qualification of the crime of which they are suspected or accused, that is, the investigating judge, the court are deprived of the opportunity to issue a reasoned court decision and provide proper justification for detention, which is not consistent with international practice.