Dmytro Bondarchuk joins discussion on «Excessive bail as a means of detention»

Dmytro Bondarchuk, counsel at EQUITY participated in the roundtable discussion «Excessive Bail as a Means of Detention», organised by the UNBA Committee on the Protection of Human Rights.

In the context of justice reform, the issue of bail is particularly relevant. Without clear criteria for determining bail, court decisions can become disproportionate and contradict fundamental principles such as legal certainty and the presumption of innocence.

Dmytro Bondarchuk highlighted the problem of excessive bail in law enforcement practices. He noted that the prosecution often uses such bail as a tool to pressure suspects or defendants. In this regard, he stressed the need to amend the Criminal Procedure Code of Ukraine, particularly with regard to determining bail amounts.

Other key topics of discussion included:

• determining the amount of bail in criminal proceedings, including defining the limits of judicial discretion, the validity of legislative exceptions, and developing a clear calculation formula;
• factors influencing the determination of bail, such as taking into account the financial situation of the individual, public interest and the exceptional circumstances of the case;
• problems of legal certainty regarding bail, such as the lack of alternatives to detention, ensuring the presumption of innocence, and enabling an effective defence.

The purpose of the roundtable was to develop specific recommendations for improving the legal regulation of bail in Ukraine, and we are confident that transparency and efficiency in the legal system can only be achieved through joint efforts.

We thank the UNBA Committee on the Protection of Human Rights for the invitation and discussion of topical issues.