{"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":"2026-09-14T19:04:57","modified_gmt":"2026-09-14T16:04:57","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 preventive measure can be lifted or varied at any stage of the proceedings, and the starting point is one: detention is an exceptional<\/strong> measure (Art. 183 of the Criminal Procedure Code). The court imposes it only where the prosecutor has proved<\/strong> that neither bail, nor house arrest, nor a personal undertaking will stop the suspect absconding or influencing witnesses.<\/p>\n

In practice the prosecutor often simply lists the risks: \u201cmay abscond\u201d, \u201cmay influence witnesses\u201d. The law requires each risk to be supported by specific circumstances (Arts. 177, 194), and most successful applications are built on taking those circumstances apart.<\/p>\n

The second pillar of an application is a change of circumstances<\/strong>. A detention order runs for a limited time and rests on the situation as it was when it was made. New evidence has appeared, health has deteriorated, sureties have been found, the bail money has been raised, time has passed, the investigative steps are done. Each of these is a reason to go back to court.<\/p><\/blockquote>

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

The five preventive measures<\/h2>\n

From the mildest to the most severe (Art. 176):<\/p>\n

  1. a personal undertaking<\/strong>: a written promise to comply with the duties the court imposes;<\/li>
  2. a personal surety<\/strong>: one or more people of unblemished reputation vouch for the person;<\/li>
  3. bail<\/strong>: money paid into the court\u2019s deposit account;<\/li>
  4. house arrest<\/strong>: round the clock or for set hours, often with an electronic tag;<\/li>
  5. detention<\/strong>: the most severe, exceptional measure.<\/li><\/ol>
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    The court must<\/strong> consider whether a milder measure would suffice before imposing a stricter one (Art. 194).<\/p><\/div><\/div>\n

    Bail amounts<\/h2>\n

    Bail is tied to the subsistence minimum for working-age people, which in 2026 is 3,328 UAH<\/strong> (Art. 182):<\/p>\n

    \n\n\n\n\n\n
    Gravity of the offence<\/th>\nBail range<\/th>\nAmount in 2026<\/th>\n<\/tr>\n
    A criminal misdemeanour or a less serious offence<\/td>\n1\u201320 subsistence minimums<\/td>\n3,328\u201366,560 UAH<\/td>\n<\/tr>\n
    A serious offence<\/td>\n20\u201380 subsistence minimums<\/td>\n66,560\u2013266,240 UAH<\/td>\n<\/tr>\n
    A particularly serious offence<\/td>\n80\u2013300 subsistence minimums<\/td>\n266,240\u2013998,400 UAH<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n

    In exceptional cases the court may set a higher figure<\/strong> if it considers a smaller sum would not secure compliance.<\/p>\n

    Bail is returned if the person complied with their duties: attended when summoned, did not contact witnesses, did not travel without permission. The court treats it as a guarantee of attendance, not a punishment, so the money is worth raising even when the sum looks large. Bail can be paid by a third party<\/strong>: a relative, a friend, an employer.<\/p>\n

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

    Grounds for varying a preventive measure<\/h2>\n
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    The risks are unproved or have gone<\/h3>

    The investigative steps are done, the witnesses interviewed, the evidence seized: there is nothing left to influence, and this argument only strengthens with each month of the investigation.<\/p><\/div><\/article>

    <\/svg><\/span>

    Health<\/h3>

    A serious illness needing treatment incompatible with detention conditions. Discharge summaries, a doctor\u2019s report and, where needed, an expert report are required.<\/p><\/div><\/article>

    <\/svg><\/span>

    Family circumstances<\/h3>

    Young children, a child with a disability, seriously ill dependent parents, being the sole breadwinner.<\/p><\/div><\/article>

    <\/svg><\/span>

    Sureties have come forward<\/h3>

    People of unblemished reputation willing to give undertakings under Art. 180.<\/p><\/div><\/article>

    <\/svg><\/span>

    The bail money has been raised<\/h3>

    With evidence of where it came from.<\/p><\/div><\/article>

    <\/svg><\/span>

    The charge has been reclassified<\/h3>

    The offence is now a less serious one, which lowers the bail range as well.<\/p><\/div><\/article>

    <\/svg><\/span>

    Time limits breached<\/h3>

    Detention: the court did not extend it in time. In that case the investigating judge must release the person (Art. 206).<\/p><\/div><\/article><\/div>\n

    The deadlines to know<\/h2>\n

    The defence may apply to vary<\/strong> a preventive measure at any time (Art. 201). A repeat application on the same grounds made less than 30 days<\/strong> after the previous ruling may be left unconsidered unless it sets out new circumstances<\/strong>. So each application is built around specific new facts rather than rewriting the last one.<\/p><\/div>

    An appeal<\/strong> against a preventive measure ruling has two deadlines (Art. 395): 5 days<\/strong> from announcement where the investigating judge made it during the pre-trial investigation<\/a>, and 7 days<\/strong> where the trial court made it. For someone in custody time runs from service of the copy.<\/p><\/div>

    Detention is time-limited.<\/strong> During the investigation an order runs for up to 60 days, and the total cannot exceed 6 months for less serious offences and 12 months for serious and particularly serious ones (Art. 197). At trial the question of continued detention is reviewed at least every 60 days (Art. 331), and each such hearing is a separate chance to obtain a milder measure.<\/p><\/div>\n

    What works in an application<\/h2>\n
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    \n\t\t\t\t<\/svg><\/span>\n\t\t\t\t

    The evidence that persuades a court<\/h3>\n\t\t\t<\/div>\n\t\t\t\n\t\t\t