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Tetiana FOMINA,

Associate Professor, Department of Criminal Procedure and Organization of Pre-trial Investigation, Kharkiv National University of Internal Affairs, Candidate of Law Sciences

 CRITERIA FOR DETERMINING THE AMOUNT OF A BAIL BY AN INVESTIGATING JUDGE, THE COURT IN THE COURSE OF CRIMINAL PROCEEDINGS

The author of the article, based on the analysis of the practice of the European Court of Human Rights and the national criminal procedural law, has formulated the criteria for determining the amount of a bail within the criminal proceedings. First of all, the amount of a bail should serve as a guarantee of the proper conduct of a suspect, accused and should facilitate his duty to arrive to an investigator, prosecutor, investigating judge, court. Secondly, while determining the amount of a bail, we should consider the financial situation of a suspect, accused and his solvency. Consequently, the amount of a bail should not be designedly excessive for a suspect, accused. Thirdly, the national judicial authorities must determine the amount of a bail, taking into account the data on the amount of the proceeds of a suspect, accused. Fourthly, an investigating judge, the court in exceptional cases may appoint a bail exceeding the maximum limits. In this case, we have to consider all the circumstances of the criminal proceedings in aggregate, including the type of the offense, its consequences for the society, data about a person (the position occupied by a suspect, accused at the time of the commission of the offense, his reputation and solvency, etc.). However, an investigating judge, the court in their decisions must both indicate the existence of exceptional cases, and substantiate, confirm them with concrete evidence.

The author has revealed the content of exceptional cases that allow the assignment of a bail exceeding the maximum limit specified in Part 5 of the Art. 182 of the Criminal Procedural Code of Ukraine. The author has analyzed the issue of the need to confirm the legality of the money made as a bail. The author has indicated on the necessity of the revision of national provisions related to the assignment of the duty of an investigating judge, the court to take into account the information on the source of income of a suspect, accused while determining the amount of a bail.

Key words: criminal justice, preventive measures, a bail, amount of a bail, exceptional circumstances, lawfulness of revenue.

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