Problems of law enforcement of bail as a precautionary measure

Abstract

In order to ensure the rights and freedoms of the individual, the current Criminal Procedure Code of Ukraine expanded and significantly complicated the normative regulation of preventive measures, the changes also affected the grounds, conditions and procedural order of their application in criminal proceedings. Precautionary measures strongly affect the possibility of realizing the constitutional rights and freedoms of citizens, since when applying any of the preventive measures, they limit the personal freedom, rights, interests, and capabilities of a person, albeit on the grounds and procedure established by the procedural law. The paper reveals the peculiarities of the legal regulation of the procedure for applying such a preventive measure as bail. The purpose of the paper is to study the problems of the essence, genesis, meaning and procedural order of applying such a preventive measure as bail in criminal proceedings. The pledge is associated with certain legal restrictions in the sphere of economic interests of the person. State coercion in the application of bail as a precautionary measure consists in the real threat of loss of money by the bailor (suspect, accused person, other natural or legal person) in the event that the suspect or accused person fails to fulfill the duties assigned to him. The paper analyzes the theoretical and practical issues of using bail in criminal proceedings. It has been established that the CPC of Ukraine is still not devoid of shortcomings that need to be eliminated. The current Code of Criminal Procedure of Ukraine does not establish a clear formulation of the goals, procedure and grounds for the application of bail. As for the procedural procedure for the application of this preventive measure, it is also not detailed, and there are no clear requirements for the procedural processing of the documents drawn up during its application.