Preventive measures: custody, bail, house arrest

A motion for a preventive measure is heard by the investigating judge within tight deadlines. The defence position, the documents about the person, and the case for an alternative measure all have to be ready in advance.

When to get in touch

• a motion has been filed to apply a preventive measure
• you need the court to consider a less restrictive measure
• circumstances have changed and the measure should be reviewed
• an investigating judge’s ruling needs to be appealed

What the lawyer does

• studies the motion and the materials filed with it
• forms a position on the risks the prosecution relies on
• gathers documents on the person, their health and family circumstances
• argues the case for a milder preventive measure
• represents the client at the hearing
• prepares an appeal against the ruling and motions to vary the measure

Types of preventive measures

The Criminal Procedure Code of Ukraine provides for five preventive measures, from the least to the most restrictive (parts 1 and 3 of Article 176):

• personal undertaking – an obligation to perform the duties imposed by the investigating judge or court; if they are not performed, a stricter measure may be applied and a pecuniary penalty imposed (Article 179);
• personal surety – a written undertaking by people the court considers worthy of trust that the suspect will perform the duties and appear at the first request (Article 180);
• bail – funds paid into a special account, which revert to the state if the duties are not performed; bail may be paid by the suspect or by another person or entity (Article 182);
• house arrest – a ban on leaving home around the clock or during certain hours; possible where the crime is punishable by imprisonment (Article 181);
• pre-trial detention – an exceptional measure: as a general rule, it is applied only if the prosecutor proves that no less strict measure can prevent the risks (part 1 of Article 183).

Apprehension of a person is a provisional preventive measure (part 2 of Article 176).

How the court chooses a preventive measure

• the motion is filed by the investigator with the prosecutor’s approval or by the prosecutor; during the pre-trial investigation it is heard by the investigating judge, and during court proceedings by the court (part 4 of Article 176);
• the suspect must receive a copy of the motion and the supporting materials no later than three hours before the hearing begins (part 2 of Article 184);
• the prosecutor must prove a reasonable suspicion, at least one risk (absconding, destroying evidence, unlawful influence on the victim or witnesses, obstructing the proceedings, a new offence) and that less strict measures are insufficient; if not, the measure is refused (Article 177; parts 1 and 2 of Article 194);
• the court assesses all circumstances together, including the weight of the evidence, age and health, the strength of social ties, family and dependants, permanent employment, reputation and financial situation (Article 178) – so documents about the person are worth preparing in advance;
• under martial law, pre-trial detention is applied to people suspected or accused of crimes under Articles 109–114-2, 258–258-6, 260, 261 and 437–442-1 of the Criminal Code of Ukraine where the risks are present (part 6 of Article 176);
• any assertions or statements the suspect makes during the hearing may not be used to prove their guilt (part 5 of Article 193).

Time limits and duties

• additional duties – appearing when summoned, not leaving the locality, surrendering passports for travel abroad, wearing an electronic monitoring device and others – are imposed for up to two months; the prosecutor may ask for an extension (parts 5 and 7 of Article 194);
• a house arrest ruling is valid for up to two months; in total, house arrest during the pre-trial investigation may not exceed six months, after which the measure is deemed revoked (part 6 of Article 181);
• a detention ruling is valid for up to sixty days; the total period of detention during the pre-trial investigation is up to six months for a minor crime and up to twelve months for a grave or especially grave crime (parts 1 and 3 of Article 197);
• the amount of bail depends on the gravity of the crime and may not be knowingly unaffordable; a person who is not in custody must pay it no later than five days after bail is chosen (parts 4–6 of Article 182).

How to change or appeal a preventive measure

• the suspect, accused or defence counsel may file a motion to change the preventive measure, including to revoke or change the additional duties; the court considers it within three days (parts 1 and 4 of Article 201);
• if less than thirty days have passed since the previous ruling, the court may leave a motion without consideration unless it states new circumstances (part 5 of Article 201);
• during the pre-trial investigation, the investigating judge’s rulings on pre-trial detention, house arrest and bail, and on extending detention and house arrest, may be challenged on appeal (clauses 2–5-1 of part 1 of Article 309);
• the appeal period is five days from the pronouncement of the ruling; if it was made without summoning you, it runs from the day you receive a copy, and for a person in custody from the day the copy is served (parts 2 and 3 of Article 395).

Legal basis

Types of preventive measures and the general rules – Articles 176–178 of the Criminal Procedure Code of Ukraine; individual measures – Articles 179–183; the motion and its consideration – Articles 184, 193 and 194; time limits for detention – Articles 197 and 199; changing a measure – Articles 200 and 201; appeals – Articles 309 and 395 of the Criminal Procedure Code of Ukraine.

Legislation and case law are updated over time; this page reflects the position as of November 2026.

Frequently asked questions

What preventive measures exist?

The Criminal Procedure Code provides for a personal undertaking, a personal surety, bail, house arrest and pre-trial detention.

Can a measure already imposed be changed?

Yes. The suspect, accused or defence counsel may file a motion to change or revoke the preventive measure; the court considers it within three days (parts 1 and 4 of Article 201 of the Criminal Procedure Code of Ukraine). If less than thirty days have passed since the previous ruling, the motion should state new circumstances – otherwise it may be left without consideration (part 5 of Article 201).

How long can house arrest last?

A house arrest ruling is valid for up to two months; it may be extended, but in total house arrest during the pre-trial investigation may not exceed six months. After that, the ruling ceases to have effect and the preventive measure is deemed revoked (part 6 of Article 181 of the Criminal Procedure Code of Ukraine).

Can a ruling on a preventive measure be appealed?

During the pre-trial investigation, the investigating judge’s rulings on pre-trial detention, house arrest and bail, and on extending detention and house arrest, may be challenged on appeal (clauses 2–5-1 of part 1 of Article 309 of the Criminal Procedure Code of Ukraine). The time limit is five days from the pronouncement of the ruling (clause 3 of part 2 of Article 395).

Is pre-trial detention mandatory for servicemembers in AWOL cases?

Part 8 of Article 176 of the Criminal Procedure Code of Ukraine, which under martial law required pre-trial detention only for servicemembers suspected or accused of crimes under Articles 402–405, 407, 408 and 429 of the Criminal Code of Ukraine, was declared unconstitutional by the Constitutional Court (Decision No. 4-r(II)/2026 of 24 June 2026); it ceased to have effect three months after the decision was adopted. At the same time, under martial law, when choosing pre-trial detention in such proceedings, the court may decide not to set bail (part 4 of Article 183). More on defence in AWOL and desertion cases.

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