A change in the preventive measure is always possible — and it begins with a simple premise: detention is an exceptional measure. It is applied only when the prosecutor has proved that no other measure — neither bail, nor house arrest, nor a personal undertaking — will ensure the suspect’s good behaviour.
In practice, prosecutors often simply list the risks: ‘may abscond’, ‘may influence witnesses’. But the law requires proof based on specific circumstances, not assumptions. This is precisely what most successful applications to change a preventive measure are based on.
The second thing that works: a change in circumstances. A remand order is not permanent — new evidence has emerged, the suspect’s health has changed, guarantors have been found, the bail amount has been raised, time has passed and investigative actions have been carried out — all of these are grounds for applying again.
+38 095 554-54-24 — legal advice
Five types of pre-trial measures
From the least severe to the most severe (Article 176 of the Code of Criminal Procedure):
- personal undertaking — a written undertaking to comply with the obligations imposed by the court;
- personal surety — two or more sureties vouch for the person;
- bail — payment of a sum into the court’s deposit account;
- house arrest — round-the-clock or night-time (prohibition on leaving the home at specified times);
- remand in custody — the most severe and exceptional measure.
The court is obliged to consider the possibility of applying a less severe measure before opting for a more severe one.
Bail amounts
Linked to the minimum subsistence level for able-bodied persons — in 2026 this is 3,328 UAH (Article 182 of the Code of Criminal Procedure):
| Seriousness of the offence | Amount of bail | Amount in 2026 |
|---|---|---|
| Minor or moderate severity | 1–20 subsistence minimums | 3,328 – 66,560 UAH |
| Serious offence | 20–80 times the minimum subsistence level | 66,560 – 266,240 UAH |
| Particularly serious offence | 80–300 subsistence minimums | 266,240 – 998,400 UAH |
In exceptional cases, the court may set a higher amount if a lower sum would not ensure the fulfilment of obligations.
Key point: the bail is refunded if the person has fulfilled their obligations. It is not a fine or a punishment — it is a guarantee. Many people are unaware of this and do not even attempt to raise the sum.
The bail may be paid by a third party — a relative, friend or employer.
Grounds for changing the preventive measure
Risks have not been proven or have ceased to exist. Investigations have been carried out, witnesses have been interviewed, evidence has been seized — there is nothing left to influence. This is the strongest argument, and it only grows stronger over time.
State of health. A serious illness requiring treatment that is incompatible with the conditions in a remand centre. Medical documents are required, often including a doctor’s report or expert opinion.
Family circumstances. Young children, a child with a disability, seriously ill dependent parents, or status as the sole breadwinner.
Guarantors have come forward — individuals with an impeccable reputation who are prepared to act as guarantors.
The bail amount has been raised.
The charge has been reclassified — the offence has been reclassified as a less serious one.
The time limits for detention have been breached — the court failed to extend them in good time.
Time limits and procedure
A motion to vary the preventive measure may be lodged by the defence at any time. However, a repeat motion on the same grounds may not be lodged until at least 30 days have elapsed since the previous ruling was made — unless new circumstances are cited.
Therefore, each application must be carefully prepared: it should set out new circumstances rather than repeating old arguments.
An appeal against a ruling on the application of a preventive measure must be lodged within 5 days of the date of its announcement. The deadline is short and easy to miss.
Detention has a time limit — and this must be extended by a court order. If the time limit is not extended in time, the person must be released. This is always checked.
What works in a petition
- documents, not words: character references from the place of work and residence, certificates of family composition, medical documents, housing documents (a permanent place of residence is a strong argument against the risk of absconding);
- evidence that the risks no longer apply — investigative measures have already been carried out;
- specific guarantors with character references;
- willingness to post bail — with confirmation of available funds;
- rebuttal of the prosecutor’s arguments regarding each risk individually, rather than in general.
The most common mistake in self-prepared applications: an emotional account rather than addressing the risks identified by the prosecutor.
When a solicitor is not needed
In this category — never. A motion to change the preventive measure is an adversarial process against the prosecutor, and without preparation, it will be lost.
How we work
- We analyse the court order — which risks the court recognised and how they are substantiated.
- We gather documents — character references, medical certificates, documents regarding family, accommodation and employment.
- We seek sureties and prepare the documents for bail.
- We prepare the application — addressing each risk individually.
- We present the case in court — and on appeal, if necessary.
- We monitor the time limits for pre-trial detention — and seek release if they are breached.
Cost of services
| Service | Price |
|---|---|
| Consultation with analysis of the court order | from 1,500 UAH |
| Legal opinion: assessment of the prospects for changing the preventive measure | from 5,000 UAH |
| Preparation of a motion, appeal or procedural documents | from 5,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Lawyer’s participation in investigative proceedings | from 15,000 UAH |
| Court representation | from 10,000 UAH |
| Comprehensive ‘turnkey’ support for a criminal case | from 60,000 UAH |
Note: the bail amount is paid into the court’s deposit account and is refunded upon fulfilment of obligations.
Full price list · Defence upon arrest
Questions and answers (Change of preventive measure)
Can pre-trial detention be replaced with bail?
Yes. Pre-trial detention is an exceptional measure, and the court is obliged to consider the possibility of applying a less severe measure. If the risks have not been proven or have ceased to exist, replacement is entirely possible.
How much is the bail?
Between 1 and 20 times the minimum subsistence level for a minor or moderate offence (3,328 – 66,560 UAH in 2026), 20–80 for a serious offence (66,560 – 266,240 UAH), and 80–300 for a particularly serious offence (266,240 – 998,400 UAH).
Is the bail refundable?
Yes. If the person has fulfilled their obligations, the deposit is refunded. It is a guarantee, not a fine — and that is precisely why it is worth paying.
Can someone else pay the deposit?
Yes, a third party may act as the guarantor: a relative, a friend or an employer.
How often can a motion for a review be submitted?
At any time, but a repeat motion on the same grounds may not be submitted until at least 30 days have passed, unless new circumstances have arisen. Therefore, each application must be carefully prepared.
How long do you have to lodge an appeal?
Five days from the date the ruling on the preventive measure is announced. The time limit is very short — it is easy to miss it.
What should you do if the period of detention has not been extended?
Demand immediate release. Detention without a valid court order extending the period is unlawful.
Which arguments work best?
Those that refute specific risks: investigative measures have already been carried out — there is nothing left to influence; you have a permanent place of residence and a job — there is no point in going into hiding; you have guarantors and have posted bail. Emotional appeals do not work.
What documents should I bring to the consultation?
The ruling on the preventive measure, the notice of suspicion, medical records, character references, and documents regarding family, accommodation and income.
Contacting a lawyer at ‘Svarog’ regarding a change to the preventive measure
Send us the court order — we’ll analyse exactly which risks the court identified and advise you on how to refute them. Time is on your side here: the more investigative actions that have been carried out, the weaker the prosecutor’s arguments regarding ‘influence on witnesses’ become.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00