Tymoshenko – bail set at 33 million

The court emphasized that a preventive measure may be applied only where specific risks are proven, and not because of the publicity of the case or the person’s status.​

In matters of preventive measures, the court always assesses not the person and not the public background of the case, but the presence of specific risks provided for by the Criminal Procedure Code.​
In this case, the prosecution insisted on applying a preventive measure, referring to the seriousness of the alleged acts, the public status of the person and the possibility of influencing the course of the proceedings.​
However, these arguments were general in nature and were not supported by specific facts demonstrating the reality of such risks.​
The defence drew the court’s attention to the person’s procedural conduct, the absence of any actions aimed at obstructing the investigation, as well as the existence of stable social ties.​

When making its decision, the court proceeded from the following:
risks must be proven, not presumed;
the person’s status alone is not a ground for restricting his or her rights;
a preventive measure must be proportionate and necessary specifically for the purposes of the criminal proceedings.​

The court also separately stressed that a preventive measure cannot be used as a form of preliminary punishment.​
Thus, the decision was taken with due regard to the balance between the interests of the investigation and the rights of the person, without going beyond procedural standards.​

If you have any questions or issues, it is advisable to seek individual legal advice in order to assess your risks and protect your rights.​
Author: Ihor Yasko, Managing Partner of the law firm “WINNER”, PhD in Law.