HOME ARREST AS A HUMANE MEASURE OF RESTRAINT, OR AN ALTERNATIVE TO DETENTION

Abstract

The article draws attention to an alternative measure of restraint, namely house arrest, the procedure of which is clearly provided by the current Criminal Procedure Code of Ukraine. House arrest as an institution of criminal procedure is actively enshrined in domestic law. Among scientists, it is believed that this type of precautionary measure is more humane compared to detention. Its introduction is a progressive step in Ukrainian law and is to restrict the suspect’s freedom of movement, prosecution and use as a softer alternative to detention. It should be noted that by its nature, scope of restrictions, house arrest is to some extent equivalent to restriction of liberty. In addition, attention is drawn to the fact that the current legislation does not properly enshrine the rights, responsibilities of the suspect, accused, which leads to the problem of regulating the use of house arrest by the state, violation of values, additional restrictions for the suspect, accused. At the same time, an analogy is drawn with regard to the issue of restricting the rights of a suspect accused in the application of house arrest with the legislation of the United States and France. The statistical data for 2019‒2020 on the number of satisfied by the investigating judges during the pre-trial investigation following the consideration of the motions of the investigator, the prosecutor on the application of house arrest to the suspect, accused are given and analyzed. In addition, attention was paid to the procedure for national control over the suspect, accused, as well as the performance of duties assigned to him during the execution of the court decision on house arrest. Analyzing the practice of applying the provisions of the Criminal Procedure Code of Ukraine on the application of house arrest, it should be noted the existence of certain problematic issues that require both legislative and practical solutions. It is noted that this issue is to improve the conditions of house arrest, the observance by law enforcement agencies of the right of the suspect, accused to his personal life, to prevent cases of escape from house arrest. However, the issue of the use of house arrest must be decided in the light of the practice of other states, as the European Court of Human Rights argues that the rule of law cannot be satisfied by compliance with national law, which in itself must comply with the Convention on Human Rights. and fundamental freedoms. It is also noted that special attention should be paid to the use of technical means of control (electronic means of control) on the behavior of the suspect, accused, who is under house arrest, which is to attach to the body a device that allows tracking and recording location. Given that the legislator does not provide a clear rule that would provide for liability for violation of suspects accused of interfering in the work of electronic means of control, it is proposed to amend the Criminal Code of Ukraine and establish a clear rule that would provide criminal liability for interference with electronic means of control and provide for a sanction «shall be punishable by a fine of 1,000 to 3,000 tax-free minimum incomes or imprisonment for a term not exceeding five years».