Перегляд за Автор "Lukashenko Stanislav"

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  • Документ
    The History of the Establishment and Development of Preventive Measures in the Form of Custody on Ukrainian Lands (ХІІІ– Beginning Of ХХ Century)
    (2024) Shcherbak Svitlana Volodymyrivna; Щербак Світлана Володимирівна; Lukashenko Stanislav; Лукашенко Станіслав
    The article examines the genesis of preventive measures in the form of custody in criminal proceedings on the territory of modern Ukraine. Issues of the origin and development of detention in criminal justice were considered, which existed in Ukrainian lands during the long-term historical development of Ukrainian statehood with a time frame from the XIIIcentury to Soviet times.The results of the analysis of the origin and evolution of custody in the system of preventive measures in the criminal process on the territory of modern Ukraine during the periods of Kyivan Rus, Cossacks, Austro-Hungarian and Russian empires in the historical aspect are presented.It has been proven that the emergence of a preventive measure in the form of custody took place in the kniaz period and found its consolidation in ‘Russkaya Pravda’, when a person could be arrested to be brought to court (of the kniaz). The preventive measure in the form of custody was developed in the tsarist period, when it was about being placed in prison, and custody reached its greatest development in the imperial period, in the Statute of Criminal Justice of 1864. Despite itsprogressiveness, detention in custody violated the rights of convicted persons, and was also characterized by particular severity and repressiveness, because this preventive measure caused suffering to people, humiliated human dignity and protected the political regime.