The Constitutional Court of Ukraine

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According to Part 2 of Article 29 of the Constitution of Ukraine, no one may be arrested or detained except by a reasoned court decision and only on the grounds and in accordance with the procedure established by law.

According to Article 5, paragraph 1, of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention), everyone has the right to liberty and security of person; no one shall be deprived of his liberty except in cases and in accordance with a procedure established by law.
Based on the provisions of parts one and two of Article 29 of the Fundamental Law of Ukraine and the legal positions formulated by it, as well as taking into account the provisions of international legal acts on the protection of the human right special database to freedom and personal integrity, believes that the right to freedom and personal integrity is not absolute and may be limited, but only on the grounds and in the manner determined by the laws of Ukraine; the restriction of the constitutional right to freedom and personal integrity must be carried out in compliance with the constitutional guarantees of the protection of human and citizen rights and freedoms and solely on the basis of a reasoned court decision ( paragraph thirteen of subparagraph 2.1 of paragraph 2 of the motivational part of the Decision of November 23, 2017 No. 1-r/2017).

Therefore, regulatory regulation in the field of criminal proceedings against a person and the deprivation of his/her liberty in this regard should be based on the principles provided for in Articles 1 , 3 , Parts 1 and 2 of Article 8 , Parts 1 and 2 of Article 29 , and Part 1 of Article 64 of the Fundamental Law of Ukraine.