MEASURE OF RESTRAINT IN THE FORM OF HOLDING IN CUSTODY: UKRAINIAN REALITIES THROUGH THE PRISM OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

The measure of restraint in the form of holding in custody is the most severe security measure, which essentially restricts the constitutional right to liberty and security of person. In the process of applying this preventive measure, there is often a violation of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which establishes the right to liberty and security of person. The existence and systematic character of such violations, their specificity, is most fully observable in the process of system analysis of the decisions (practices) of the European Court of Human Rights against Ukraine and against other countries.