{"id":2491,"date":"2026-05-29T03:22:55","date_gmt":"2026-05-29T00:22:55","guid":{"rendered":"https:\/\/svaroglaw.com\/kryminalne-pravo\/skasuvannya-abo-zmina-zapobizhnogo-zahodu-v-sudi\/"},"modified":"2026-07-15T13:42:43","modified_gmt":"2026-07-15T10:42:43","slug":"skasuvannya-abo-zmina-zapobizhnogo-zahodu-v-sudi","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/kryminalne-pravo\/skasuvannya-abo-zmina-zapobizhnogo-zahodu-v-sudi\/","title":{"rendered":"The revocation or variation of a pre-trial measure in court"},"content":{"rendered":"

A change in the preventive measure is always possible \u2014 and it begins with a simple premise: detention is an exceptional<\/strong> measure. It is applied only when the prosecutor has proved<\/strong> that no other measure \u2014 neither bail, nor house arrest, nor a personal undertaking \u2014 will ensure the suspect\u2019s good behaviour.<\/p>\n

In practice, prosecutors often simply list the risks<\/strong>: \u2018may abscond\u2019, \u2018may influence witnesses\u2019. But the law requires proof based on specific circumstances<\/strong>, not assumptions. This is precisely what most successful applications to change a preventive measure are based on.<\/p>\n

The second thing that works: a change in circumstances<\/strong>. A remand order is not permanent \u2014 new evidence has emerged, the suspect\u2019s health has changed, guarantors have been found, the bail amount has been raised, time has passed and investigative actions have been carried out \u2014 all of these are grounds for applying again.<\/p>\n

+38 095 554-54-24<\/a> \u2014 legal advice<\/strong><\/p>\n

Five types of pre-trial measures<\/h2>\n

From the least severe to the most severe (Article 176 of the Code of Criminal Procedure):<\/p>\n

    \n
  1. personal undertaking<\/strong> \u2014 a written undertaking to comply with the obligations imposed by the court;<\/li>\n
  2. personal surety<\/strong> \u2014 two or more sureties vouch for the person;<\/li>\n
  3. bail<\/strong> \u2014 payment of a sum into the court\u2019s deposit account;<\/li>\n
  4. house arrest<\/strong> \u2014 round-the-clock or night-time (prohibition on leaving the home at specified times);<\/li>\n
  5. remand in custody<\/strong> \u2014 the most severe and exceptional measure.<\/li>\n<\/ol>\n

    The court is obliged<\/strong> to consider the possibility of applying a less severe measure before opting for a more severe one.<\/p>\n

    Bail amounts<\/h2>\n

    Linked to the minimum subsistence level for able-bodied persons \u2014 in 2026 this is 3,328 UAH<\/strong> (Article 182 of the Code of Criminal Procedure):<\/p>\n\n\n\n\n\n\n
    Seriousness of the offence<\/th>\nAmount of bail<\/th>\nAmount in 2026<\/th>\n<\/tr>\n
    Minor or moderate severity<\/td>\n1\u201320 subsistence minimums<\/td>\n3,328 \u2013 66,560 UAH<\/td>\n<\/tr>\n
    Serious offence<\/td>\n20\u201380 times the minimum subsistence level<\/td>\n66,560 \u2013 266,240 UAH<\/td>\n<\/tr>\n
    Particularly serious offence<\/td>\n80\u2013300 subsistence minimums<\/td>\n266,240 \u2013 998,400 UAH<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    In exceptional cases, the court may set a higher amount<\/strong> if a lower sum would not ensure the fulfilment of obligations.<\/p>\n

    Key point:<\/strong> the bail is refunded if the person has fulfilled their obligations. It is not a fine or a punishment \u2014 it is a guarantee. Many people are unaware of this and do not even attempt to raise the sum.<\/p>\n

    The bail may be paid by a third party<\/strong> \u2014 a relative, friend or employer.<\/p>\n

     <\/p>\n

    \"Changes<\/a><\/p>\n

    Grounds for changing the preventive measure<\/h2>\n

    Risks have not been proven or have ceased to exist.<\/strong> Investigations have been carried out, witnesses have been interviewed, evidence has been seized \u2014 there is nothing left to influence. This is the strongest argument, and it only grows stronger over time.<\/p>\n

    State of health.<\/strong> A serious illness requiring treatment that is incompatible with the conditions in a remand centre. Medical documents are required, often including a doctor\u2019s report or expert opinion.<\/p>\n

    Family circumstances.<\/strong> Young children, a child with a disability, seriously ill dependent parents, or status as the sole breadwinner.<\/p>\n

    Guarantors have come forward<\/strong> \u2014 individuals with an impeccable reputation who are prepared to act as guarantors.<\/p>\n

    The bail amount has been raised.<\/strong><\/p>\n

    The charge has been reclassified<\/strong> \u2014 the offence has been reclassified as a less serious one.<\/p>\n

    The time limits<\/strong> for detention have been breached \u2014 the court failed to extend them in good time.<\/p>\n

    Time limits and procedure<\/h2>\n

    A motion to vary<\/strong> the preventive measure may be lodged by the defence at any time. However, a repeat<\/strong> motion on the same grounds may not be lodged until at least 30 days<\/strong> have elapsed since the previous ruling was made \u2014 unless new circumstances<\/strong> are cited.<\/p>\n

    Therefore, each application must be carefully prepared: it should set out new circumstances rather than repeating old arguments.<\/p>\n

    An appeal<\/strong> against a ruling on the application of a preventive measure must be lodged within 5 days<\/strong> of the date of its announcement. The deadline is short and easy to miss.<\/p>\n

    Detention has a time limit<\/strong> \u2014 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.<\/p>\n

    What works in a petition<\/h2>\n