Restrictions on citizens' constitutional rights and freedoms should be proportionate and justified. the introduction of a rule of compulsory arrest of suspects to commit a breach of the basis of national security, the legislature has not complied with these requirements. This is evident from today's decision of the Constitutional Court of Ukraine after taking into account a constitutional complaint from people's deputy Nadezhda Savchenko and three people.
The Grand Chamber of the Constitutional Court of Ukraine declared constitutional part 5 of Art. 176 of the Criminal Procedure Act, which provides for the unambiguous choice of arrest as a preventive measure in criminal proceedings under articles of offense against the basis of national security. The use of a preventive measure in the form of detention on the basis of a purely formal court decision violates the rule of law according to the decision, published by KSU's press service on June 25.
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The decision of the KKU states that the disputed norm justifies the need to detain only the qualification of a crime contrary to constitutional right of freedom and personal integrity. The norm ignores the presence of other types of preventive measures provided for in the same article in criminal law: pledge, personal obligation, creditor, house arrest, judgments pointed out.
They should strive for a legitimate goal, determined by the general need to achieve this goal and also be proportionate and motivated. as well as the freedom of the legislature is obliged to introduce such a legal provision that makes it possible to optimally achieve the legitimate objective of minimal involvement in the realization of this right or freedom.
Constitutional complaint filed by:
- People assistant in Ukraine Nadezhda Savchenko (extra faction), obv
- ex-head of the Board of Appeal of the Autonomous Republic of Crimea Valery Chernobuk suspected of treason
- former village head of the village of Myronivsky in the Donetsk region] Marina Kovtun, accused of organizing a terrorist attack in the Stena Rock Pub in Kharkov.
On October 7, 2014, the Verkhovna Rada supplemented Article 176 of the Criminal Code with a provision on the undisputed detention of persons accused of insights on articles on terrorism, treason, separatism and other crimes against the basis of state security.