The Law of Ukraine

On Remand

Date of Entry into Force:
August 6, 1993

The Law of Ukraine “On Remand” regulates the questions related to the procedure of execution during pre-trial investigation of preventive measure - holding under arrest.

Remand is aimed at prevention of possible evasion of the person under arrest from investigation and court.

According to the criminal procedural legislation of Ukraine, remand may be applied to the accused, the defendant or the suspected in committing the crime punishable by deprivation of liberty. Besides, under arrest may be kept the condemned regarding whom the sentence has not come into effect yet. The purpose of remand, according to the Law, is prevention of possible evasion of investigation and court of the person under arrest, of obstruction to finding out the truth in criminal case or involvement in criminal activity, as well as ensuring execution of court sentence.

It is determined that the establishments for keeping the persons under arrest (as preventive measure) shall be investigation isolation wards of the State Department of Ukraine on the Execution of Sentences, guardhouses of the Military Service of law and order in the Armed Forces of Ukraine, as well as prisons of the State Department of Ukraine on Execution of Sentences which function as investigation isolation wards.

The Law determines regime in the places of remand. Its basic requirements are isolation of the persons kept under arrest, prevention of relations between the prisoners who refer to different categories by their age, sex, convictions on commitment different crimes, seriousness of the committed crime, reference to law-enforcement bodies and by other characteristics. The Law establishes that the persons accused or suspected in the same crime shall not be kept together.  The directive of the person conducting pre-court investigation of the case shall be issued thereto.

The Law states that the persons under arrest have the right to: protection according to the criminal procedural legislation, one-hour-long everyday walk, receipt of parcels or packages, money orders and parcels two times per month, use their own clothes and footwear, have documents and records which refer to the criminal case, other.

The Law contains norms of material everyday provision of the persons kept under arrest. According to these norms, each prisoner shall be provided with not less than 2.5 square meters of area and a pregnant woman or a woman with child - with not less than 4.5 square meters. The persons under arrest shall be provided with free of charge nutrition, individual sleeping place, bedding and other kinds of material everyday provision. If required, they shall be given clothes and footwear of the set pattern.

The Law also regulates the questions of meetings of prisoners with relatives and other persons, their correspondence, bringing to administrative responsibility for violation of regime and other legal relations.
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