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02.10.2008

Out on bail for a million

   

130 people were released on bail last year, with a record 4 million UAH being paid.  The newspaper “Delo”  [“Business”]] cites the State Judicial Administration for its information about release on bail over recent years. 130 people last year was a record

Since 2005 the amounts in bail have been increasing by around one million a year, and this trend could continue this year. In April this year, for example, a Russian businessman, who had been held in a SIZO [pre-trial detention centre] for same time paid bail of 1 million UAH.

Both KHPG and the Ukrainian Helsinki Human Rights Union have stressed the need to change the present practice where remand in custody remains the most common preventive measure chosen by the courts.  The following is from the annual report Human Rights in Ukraine – 2006.  The information unfortunately remains current.

“The amount of bail continues to depend on the possible amount of damages sought by the victim, which additionally gravitates against the choice of this preventive measure. Furthermore, legislation does not provide clear norms on resolving the question of bail.

The lack of clear procedure for applying bail makes it especially difficult to choose non-pecuniary forms of bail, and the courts are reluctant to do so. Another contributing factor is the instruction of the Plenary session of the Verkhovna Rada in Resolution № 6 from 26.03.1999 (Item 5): «The property must be of good enough quality, as well as have the legal status to ensure that the enforcement of a court ruling depriving the accused, suspect, defendant or person on bail of the right of ownership to the said property shall not create any difficulties.”

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