COMPLIANCE WITH THE TERMS OF DETENTION AT THE END OF THE PRELIMINARY INVESTIGATION AND AT THE TRIAL STAGE

Abstract

The article analyzes the issues of the terms of detention of a person when the prosecutor approves the indictment and the transfer of the case to the court. The author dwells in detail on such important points of pre-trial and judicial proceedings as the election of a preventive measure in the form of detention, the terms of such detention, and legislative regulation of the issues of extending the terms of detention. The study found that despite the fairly strict regulation of the detention of a person at the pre-trial stage, his detention during the transfer of a criminal case to court, the appointment of the case to trial, and the consideration of the case within the time limits established by law, and sometimes above the specified time limits, does not provide a real right to freedom of persons, in particular in respect of which a criminal case is being considered in court. The author’s conclusions are set out regarding the issues of the duration of detention of the person in respect of whom the case is scheduled for hearing; effective measures are proposed to solve urgent problems in judicial and investigative practice in order to guarantee human rights and freedoms. It is necessary to specify in the law the norms that would regulate some of the problems associated with the detention of a person during the preparation of a case for trial and its consideration in court.