TY - JOUR AU - В.П. Кушпіт AU - А.І. Палюх AU - І.І. Цилюрик PY - 2020/06/29 Y2 - 2024/03/29 TI - УЧАСТЬ ЗАХИСНИКА У ВИРІШЕННІ ПИТАННЯ ПРО ОБРАННЯ ЗАПОБІЖНОГО ЗАХОДУ У ВИГЛЯДІ ТРИМАННЯ ПІД ВАРТОЮ JF - Scientific notes of Lviv University of Business and Law JA - snlubl VL - 25 IS - 0 SE - Series: Law DO - UR - https://nzlubp.org.ua/index.php/journal/article/view/284 AB - Detention is the most severe measure of restraint, and a significant condition for the law to create the content of his election is the question of the impossibility of restricting the right to liberty and personal inaccessibility in criminal proceedings other than on the grounds and by decision of the CPC. Such a procedure provided by national legislation serves as an initial guarantee of ensuring the individual's right to liberty and security of person and liability under paragraph 3 of Art. 5 European Convention on Human Rights. Significant restriction of a legal entity's liberty and personal inviolability in criminal proceedings is ensured precisely during the application of the applicable seizure in the case of detention. Responding as one of the strictest types of precautionary measures, detention is established in the center of respect from the standpoint of assessing procedural safeguards in the mechanism of application of criminal measures in the field of criminal justice, and protection against illegal and unjustified use of custody joins broad theoretical and practical levels. . In this regard, it establishes the need for the participation of defense counsel in the application of the applicable measure in the custody of the suspect (accused) and the granting of his rights in criminal proceedings.No criminal proceedings are possible without precautionary measures in the modern world, because they ensure the proper, legally prescribed course of pre-trial investigation and trial, and ultimately – the protection of the individual, society, state from criminal offenses and other criminal proceedings. In the system of precautionary measures, criminal procedural guarantees have an important place. At the same time, their greatest concentration is observed around those actions that are aimed at restricting personal freedom. It is for this reason that detention as one of the strictest types of preventive measures is the focus of the assessment of procedural guarantees in the mechanism of application of preventive measures in the field of criminal justice. An important role in criminal proceedings in general and in the choice of a measure of restraint for the suspect or accused belongs to the defense counsel. First of all, it is necessary to study the peculiarities of the defense counsel's activity when choosing a measure of restraint for a suspect or accused in the form of detention. ER -