Transformation of the legal institution of preventive measures in criminal proceedings from the 1960 Code of Criminal Procedure of Ukraine to the 2012 Code of Criminal Procedure of Ukraine

The article examines the transformation of the legal institution of preventive measures from the 1960 Code of Criminal Procedure of Ukraine to the modern version of the 2012 Code of Criminal Procedure of Ukraine. It is noted that after Ukraine gained independence, the processes of socio-political changes in the direction of the beginning of state building on the basis of democratic values caused a request for the integration into criminal procedural legislation and the practice of its application of modern European standards for ensuring human rights and fundamental freedoms in criminal proceedings. It is established that the stimulus for the renewal of the legal institution of preventive measures was the adoption of the Constitution of Ukraine on June 28, 1996. The Constitutional Commission for drawing up the text of the new Fundamental Law based it on the doctrine of common European democratic values. This doctrine, combined with the recommendations of various institutions of the European Union, became the basis for changes in the legal institution of preventive measures both within the framework of the “small judicial reform” of 2001 and when working on drafts of the Code of Criminal Procedure of Ukraine in subsequent years. It was found that the draft Code of Criminal Procedure of Ukraine (Registration No. 9700 dated 13.01.2012) presented a rethinking not only of preventive measures, but also, by removing the term procedural coercion from the framework of procedural law, a change in doctrinal approaches to defining the system, content and proportionality of restrictions on human rights and freedoms in criminal proceedings. It is noted that the unprecedented challenges that the criminal justice system has faced since the full-scale Russian aggression against Ukraine have necessitated the formation of effective mechanisms for applying preventive measures in criminal proceedings in the context of the cessation of the functioning of the judicial authorities. The changes in the legal institution of preventive measures that took place in 2022 demonstrated that for our state, despite martial law, the priority in forming an extraordinary procedure for choosing preventive measures remains ensuring compliance with the rights to freedom, personal integrity and a fair trial.