Reforming Ukraine's Pre-Trial Custody Measures: An International Law Perspective

This study examines how Ukraine's pre-trial custody measures can align with European Union standards, with a particular focus on addressing drug trafficking cases. By analysing theoretical, legislative, and practical aspects of pre-trial custody in serious and extremely serious drug-related crimes, the article identifies gaps in the Criminal Procedure Code of Ukraine and proposes specific reforms. The research emphasizes the international law perspective, referencing EU legal frameworks such as the European Convention on Human Rights and United Nations guidelines on pre-trial detention. Through an analysis of patterns in applying preventive measures and their impact on human rights, the study highlights the need for reforms that balance public safety and individual freedoms. Proposed reforms, including clearer criteria for applying custody, stricter regulations on alternative measures, and enhanced procedural safeguards, aim to ensure compliance with EU human rights standards while maintaining public safety. These changes are expected to improve procedural fairness, reduce arbitrariness in detention practices, and foster greater trust in Ukraine's judicial system. By addressing these issues, the reforms not only strengthen the rule of law domestically but also accelerate Ukraine’s integration into the European legal and governance framework.

Authors

Publication Details

Journal
Khazanah Hukum
Published
2025-03-04
DOI
https://doi.org/10.15575/kh.v7i1.37796
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
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article

Reforming Ukraine's Pre-Trial Custody Measures: An International Law Perspective

Ganna Sobko, Ольга Пушкар, Andrii Svintsytskyi, Volodymyr Butynskyi et al.
Khazanah Hukum
Criminal Law and Evidence
article

Reforming Ukraine's Pre-Trial Custody Measures: An International Law Perspective

Ganna Sobko, Ольга Пушкар, Andrii Svintsytskyi, Volodymyr Butynskyi, Yuliya Shvets
article en

Abstract

This study examines how Ukraine's pre-trial custody measures can align with European Union standards, with a particular focus on addressing drug trafficking cases. By analysing theoretical, legislative, and practical aspects of pre-trial custody in serious and extremely serious drug-related crimes, the article identifies gaps in the Criminal Procedure Code of Ukraine and proposes specific reforms. The research emphasizes the international law perspective, referencing EU legal frameworks such as the European Convention on Human Rights and United Nations guidelines on pre-trial detention. Through an analysis of patterns in applying preventive measures and their impact on human rights, the study highlights the need for reforms that balance public safety and individual freedoms. Proposed reforms, including clearer criteria for applying custody, stricter regulations on alternative measures, and enhanced procedural safeguards, aim to ensure compliance with EU human rights standards while maintaining public safety. These changes are expected to improve procedural fairness, reduce arbitrariness in detention practices, and foster greater trust in Ukraine's judicial system. By addressing these issues, the reforms not only strengthen the rule of law domestically but also accelerate Ukraine’s integration into the European legal and governance framework.

Khazanah HukumVol. 7(1)
Openalex Percentile: Top 81%
Criminal Law and Evidence
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