The Criminal Procedure Code of Ukraine contains Section II entitled “Measures to Ensure Criminal Proceedings”.
Article 131 of the Code of Criminal Procedure of Ukraine stipulates that these measures are applied in order to achieve the effectiveness of these proceedings.
I would like to dwell separately on Chapter 18 of the Criminal Procedure Code of Ukraine “Precautionary Measures, Detention of a Person”.
Thus, Article 176 of the Criminal Procedure Code of Ukraine determines that preventive measures are personal obligation, personal guarantee, bail, and house arrest - from the lightest to the most severe.
A preventive measure against a suspect or accused is chosen to prevent them from hiding from the investigation or trial, destroying evidence, putting pressure on witnesses, or committing another crime.
When choosing a preventive measure, the court takes into account the validity of the suspicion, the severity of the possible punishment, the weight of the evidence, the availability of a place of residence, work, reputation, etc.
In most so-called “high-profile cases,” at the initial stage, the prosecution asks the court to arrest the suspect without setting bail (if it is a violent crime) or to set a significant bail amount (usually equating its amount to the amount of damages).
Among other things, it is important to note that the judge is not familiar with the person in advance and proceeds only from the evidence of the prosecution, the defense's position, and the data characterizing the person.
Article 180 of the Criminal Procedure Code of Ukraine stipulates that the court may transfer a suspect or accused on bail to trustworthy persons.
At the same time, it is important that such persons provide the court with a written undertaking that they vouch for the performance of their duties by suspects and accused persons.
The same article stipulates that the guarantor must be informed of the crime the person is suspected or accused of committing, the punishment for committing it, the guarantor's obligations, and the consequences of failure to fulfill his or her duties.
It should be noted that the legislator did not clearly define who should provide such clarification: the court, the prosecutor, or the defense attorney.
In addition, the Code of Criminal Procedure of Ukraine does not define the court's obligation to mandatory "interrogate" and/or hear guarantors.
In practice, we encountered a situation where judges generally refused to hear guarantors, citing their lack of such an obligation in accordance with the requirements of the Criminal Procedure Code of Ukraine.
Based on the above, here are some brief tips on how to prepare a statement (written commitment) regarding your desire to take a person on bail:
• State why you want to bail the person.
• Indicate whether the guarantor was previously acquainted with the suspect, accused
• Indicate why the guarantor should be trustworthy by the court (achievements in education, science, special statuses, state awards, distinctions, etc.). Provide supporting documents.
The question of mandatory presence still remains open, as different judges view it differently. Our advice is to ensure the appearance of guarantors at the court hearing when choosing/extending a preventive measure.
Sample statement of guarantee.
“___” _________________ 2021
To the presiding judge
________
Shevchenkivskyi District Court of Kyiv
31A Degtiarivska St., Kyiv, 03057
People's Deputy of Ukraine of the 8th convocation ______________(Full name)
___________________(address)
_____________________(tel.)
in case No. _____________
Statement
about the desire to take a person on bail
Part I: indication of the legal status of the person and why this person deserves special trust from society, in particular, in this part it is necessary to indicate: the deputy of which convocation the person is; if the person was a deputy of previous convocations, also indicate; indicate all significant social achievements, including membership in government or non-governmental organizations, long work experience in general or in a separate position, the presence of state awards, participation in hostilities, the presence of academic titles, public awards, etc.).
I, ____________________________, am a People's Deputy of Ukraine, ________.
Given this, I believe that I deserve special trust from society.
Currently, the Shevchenkivskyi District Court of Kyiv is considering case No. ___________ on charges of _______, born in __.__.19__, of committing a criminal offense provided for in Part 3 of Article 28, Clause 5,12 Part 2 of Article 115 of the Criminal Code of Ukraine, information about which is included in the ERDR No. ____________ of _________.
I formally express my desire to take ________ on bail in view of the following.
Part II: it is necessary to indicate why there was a desire to take the suspect, accused on bail: confidence in her integrity and innocence of committing a crime; the number of doubts in the evidence of the prosecution; closeness in spirit; belief in her humanity, honesty and high education, which is confirmed by characteristics from the place of work, diplomas, awards submitted by the defense; the urgent need of the medical institution where she works to involve her in performing complex operations; indication of other personal motives of the deputy at his own discretion).
________________________________________________.
I am aware of all my potential rights and obligations arising from taking ________________ as a surety, including the imposition of a monetary penalty in the event of the guarantor's failure to fulfill the obligations assumed.
Nevertheless, I inform the court that I undertake to take ___________, accused of committing crimes provided for in paragraphs 5,12, part 2 of Article 115, part 3 of Article 28, part 1 of Article 263, part 3 of Article 28, part 2 of Article 194 of the Criminal Code of Ukraine, on personal bail. In addition, I undertake, if necessary, to deliver __________ to the pre-trial investigation body or to the court upon first request, and I also guarantee the fulfillment by the accused ________________________ of all duties assigned to her.
People's Deputy of Ukraine _________________ ____________________
Documents that can be submitted by a People's Deputy as a guarantor:
Copy of the identity card of a People's Deputy of Ukraine (certificate of the legal status of a person as a person deserving special trust)
Copies of documents certifying membership in governmental and non-governmental organizations, in particular membership card (to confirm special trust in the person)
Copy of employment record (in case of a long-term employment in a prestigious position)
Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs (if the deputy is the party chairman)
A copy of a document certifying the awarding of state awards, in particular:
Title Hero of Ukraine
Order of Freedom
Order of Prince Yaroslav the Wise I, II, III, IV, V degrees
Order of Merit I, II, III degree
Order of Bohdan Khmelnytsky I, II, III degree
Order of the Heroes of the Heavenly Hundred
Order "For Courage" I, II, III degree
Order of Princess Olga, I, II, III degree
Order of Danylo Halytsky
Order "For Valiant Mining Work" I, II, III degree
Medals:
“For military service to Ukraine”
"Defender of the Fatherland"
“For a life saved”
Honorary titles of Ukraine:
“People's Artist of Ukraine”;
“People's Architect of Ukraine”;
“People's Teacher of Ukraine”;
“People's Artist of Ukraine”;
“Honored Artist of Ukraine”;
“Honored Architect of Ukraine”;
“Honored Builder of Ukraine”;
“Honored Inventor of Ukraine”;
“Honored Teacher of Ukraine”;
“Honored Miner of Ukraine”;
“Honored Artist of Ukraine”;
“Honored Worker of Science and Technology of Ukraine”;
“Honored Donor of Ukraine”;
“Honored Economist of Ukraine”;
“Honored Energy Engineer of Ukraine”;
“Honored Journalist of Ukraine”;
“Honored Doctor of Ukraine”;
“Honored Forester of Ukraine”;
“Honored Master of Folk Art of Ukraine”;
“Honored Mechanical Engineer of Ukraine”;
“Honored Metallurgist of Ukraine”;
“Honored Metrologist of Ukraine”;
“Honored Worker of Veterinary Medicine of Ukraine”;
“Honored Worker of Culture of Ukraine”;
“Honored Worker of Education of Ukraine”;
“Honored Healthcare Worker of Ukraine”;
“Honored Worker of Industry of Ukraine”;
“Honored Worker of Transport of Ukraine”;
“Honored Worker of Tourism of Ukraine”;
“Honored Worker of Agriculture of Ukraine”;
“Honored Social Worker of Ukraine”;
“Honored Worker of the Service Sector of Ukraine”;
“Honored Worker of Pharmacy of Ukraine”;
“Honored Worker of Physical Culture and Sports of Ukraine”;
“Honored Civil Defense Worker of Ukraine”;
“Honored Environmentalist of Ukraine”;
“Honored Rationalist of Ukraine”;
“Honored Artist of Ukraine”;
“Honored Miner of Ukraine”;
“Honored Lawyer of Ukraine”;
“Mother Heroine”.
