Odesa Mayor's Bail: Understanding Personal Guarantees in Ukraine

Purpose and grounds for application

According to Article 177 of the CPC of Ukraine:

• the purpose of applying any measure of restraint, including personal guarantee, is to ensure that the suspect or accused fulfills the procedural obligations imposed on him or her;
• the grounds for applying any measure of restraint, including personal guarantee, is the existence of a reasonable suspicion of a criminal offense and proof by the investigator or prosecutor that there is a risk that the person may commit at least one of the following actions

1. hide from the pre-trial investigation and/or court;
2. Destroy, hide or distort any of the things or documents that are essential for establishing the circumstances of the criminal offense
3. unlawfully influence a victim, witness, other suspect, accused, expert, or specialist in the same criminal proceedings
4. otherwise obstruct criminal proceedings;
5. commit another criminal offense or continue the criminal offense of which he or she is suspected or accused.

Conditions of application

• the guarantors may be trustworthy persons - citizens with high moral character, who are socially adapted, conscientious about work and public duties, have authority in the team or at the place of residence, and are respected by the suspect or accused and can thus ensure his or her proper behavior.
• The number of guarantors is determined by the investigating judge or court, guided by the criterion of sufficiency to ensure proper procedural behavior of the suspect or accused.
• This measure of restraint may be applied only at the request or with the consent of the sureties.

Liability for violations

If a suspect or accused person behaves unlawfully or avoids appearing before the investigating authorities or the court, the investigator or inquiry body draws up a report and attaches it to the case file. There is legal liability for this:

• For the accused;
• for the guarantor:

1. in proceedings for a criminal offense punishable by imprisonment for a term not exceeding three years or other, lesser punishment, from two to five minimum wages;
2. in proceedings for an offense punishable by imprisonment for a term of three to five years, from five to ten minimum wages;
3. in proceedings for an offense punishable by imprisonment for a term of five to ten years, from ten to twenty minimum wages;
4. in proceedings concerning a crime punishable by imprisonment for a term exceeding ten years - from twenty to fifty minimum wages.