PROBLEM ASPECTS OF THE IMPLEMENTATION INITIATIVE OF THE DEFENSE PARTY IN THE SELECTION, CHANGE OR CANCELLATION PRECAUTIONARY MEASURE

Abstract

The article argues the position that the implementation of the initiative of
the defense side at the stages of choosing, changing, or canceling a preventive
measure consists in realizing the procedural interest of the suspect in selecting
the least burdensome way of limiting his constitutional rights and legal interests,
which is possible thanks to the active position of the defense side, which must
take real information-gathering actions that refute the arguments and risks cited
by the prosecution as the circumstances justifying the motion. In this regard, it
was emphasized that it is important to plan the defense strategy carefully and,
during cooperation with the client, find out the information that can be used to
refute the prosecution's arguments, set out in the request for a preventive
measure. It was determined that it is expedient to make changes to Art on the way
to implementing the defense party's initiative regarding the selection, change, or
cancellation of a preventive measure. 201 of the Criminal Code of Ukraine, in
particular, regarding the rules and purpose of canceling measures to ensure
criminal proceedings at the initiative of the defense party. The expediency of
amending Clause 6, Part 2, Art. 193 of the Criminal Code of Ukraine, in particular,
to improve the quality of the criminal procedural law.