The history of the establishment and development of preventive detention in the criminal process (Soviet period)

The article examines the history of the establishment and development of preventive detention (arrest) as a preventive measure in the criminal process of the Soviet period. It analyzes the legal framework regulating the application of arrest from 1917 to 1991 and identifies key trends in the evolution of the legal regulation of preventive measures. It has been determined that in the early stages of Soviet rule, the regulation of arrest was fragmented and implemented through non-codified normative acts adopted at the level of both the Ukrainian SSR and the Russian SFSR. Starting in the 1920s, despite the adoption of the 1922 Criminal Procedure Code of the Ukrainian SSR, which established procedural grounds and the procedure for applying arrest, the overall development of preventive measures was characterized by a departure from the principles of procedural fairness in favor of prioritizing state interests – one of the key features of Soviet criminal justice at this stage. It has been established that from the mid-1950s, against the backdrop of a general trend toward the softening of political policies, a process of reforming criminal procedural legislation began. This process was marked by the adoption of the 1958 Fundamentals of Criminal Procedure of the USSR and Union Republics and the 1960 Criminal Procedure Code of the Ukrainian SSR. The grounds, terms, and procedure for applying preventive detention were clarified, and additional guarantees for the rights of arrested persons were introduced. At the same time, the prosecution continued to play a leading role in sanctioning arrests, which contradicted the principle of adversarial proceedings in the criminal process. It is noted that during the Perestroika period, significant changes took place, aimed at expanding judicial control and reducing the number of unjustified detentions. In particular, alternative preventive measures became more widespread, and a mechanism for judicial appeal of arrest was introduced. However, real reform of the preventive measures system remained limited, as decisions on detention were still made exclusively by the prosecution. Only with the collapse of the USSR did a fundamental reform of this sphere become possible, ensuring the implementation of the principle of adversarial proceedings in Ukraine’s criminal process.