The Second Senate of the Constitutional Court (CC) recognized constitutional the sixth article 176 of the Criminal Procedure Code of Ukraine, according to which, during martial law, an exceptional preventive measure in the form of detention is applied to persons suspected or accused of committing certain crimes.

"On June 19, 2024, at a plenary session, the Second Senate of the Constitutional Court of Ukraine adopted a decision in the case of the constitutional complaints of Serhiy Andriyovych Bychkov and Anatoliy Anatoliyevych Bay regarding the constitutionality of part six of Article 176 of the Criminal Procedure Code of Ukraine," the CC Communications and Legal Monitoring Department said.

It is indicated that the applicants asked to check for compliance with the Constitution part six of Article 176 of the Code of Criminal Procedure of Ukraine, and from the case materials it was clear that the authors of the petitions were accused of committing crimes against the foundations of the national security of Ukraine. At the same time, the court chose a preventive measure in the form of detention for both persons.

"Subjects of the right to a constitutional complaint are convinced that, according to part six of Article 176 of the Code, the suspect or accused is actually deprived of the right to file a petition for release from custody and the application of an alternative preventive measure to him, therefore the contested order of the Code does not provide the suspect or accused with adequate protection from arbitrariness and does not comply with Article 29 of the Constitution of Ukraine," the court said.

The Constitutional Court recognized that part six of Article 176 of the Criminal Procedure Code of Ukraine is constitutional.

"The court believes that when applying a preventive measure in the form of detention under part six of Article 176 of the Code, it is possible, under certain grounds and circumstances defined by Articles 177 and 178 of the Code, to apply bail as a more lenient preventive measure. Thus, under part six of the article 176 of the Code, the preventive measure in the form of detention is not defined as a non-alternative exceptional preventive measure," the court said.

The court concluded in its decision that this norm of the Code provides enhanced guarantees for the protection of the constitutional right to freedom and personal integrity from arbitrary interference, as defined by part two of Article 29 of the Constitution of Ukraine.