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Preventive measures in Ukraine: pre-trial detention, bail or house arrest — what is decided in the first 72 hours
Detention is not a conviction, and not even a charge. But it is in the first three days that the court decides where a person will spend the coming months: at home, at home with an ankle tag, or in a pre-trial detention centre. That decision is taken not by the investigator and not by the prosecutor, but by an investigating judge — at an open hearing, with defence counsel present, and it can be appealed. Below is how that choice works, what it really depends on, and what to get done before the hearing.
A preventive measure is not a punishment. Its only purpose is to make sure the person does not abscond, destroy evidence or put pressure on witnesses. The court is therefore obliged to choose the mildest measure that is sufficient — and custody is an exception the prosecutor has to prove separately. Everything at the hearing turns on one question: are there proven risks, and can they be covered by anything milder than detention?
Five measures — from a signature to a cell
The Code provides for five preventive measures, ranked by severity. The mildest is a personal undertaking; the most severe is custody.
- Personal undertaking. The person undertakes in writing to perform the obligations set by the court: to appear when summoned, not to leave the city without permission, not to contact certain people, to surrender their passport for foreign travel. No money and no restriction of liberty — only obligations and the consequences of breaking them.
- Personal surety. The same, but trustworthy people vouch for the suspect's conduct. If the suspect breaks the conditions, the surety pays a fine of two to fifty times the subsistence minimum, depending on the gravity of the offence.
- Bail. Money is paid into the court's deposit account as a guarantee. If every obligation is met until the end of the proceedings, the bail is returned. If not, it is forfeited to the state and the measure is replaced with a stricter one.
- House arrest. A ban on leaving home — round the clock or at certain hours, usually with an electronic tag. It applies only to people suspected of an offence punishable by imprisonment.
- Custody. A pre-trial detention centre. An exceptional measure the court may choose only if the prosecutor proves that none of the milder ones can prevent the risks.
Arrest stands apart as a temporary preventive measure. It lasts until the court rules, but no longer than 72 hours from the moment of actual arrest. If within 60 hours the person has not been brought before a court for the application to be heard, they must be released.
What the court really decides: risks, not the gravity of the charge
The most common mistake families make is to assume that a "serious article" means detention is inevitable, while a "light" one means automatic release. The Code works differently. The prosecutor must prove three things at once: that there is a reasonable suspicion, that at least one of the risks exists, and that a milder measure does not cover that risk. Fail on any of the three, and the court refuses.
The Code lists five risks, and they are what the hearing will be about:
- absconding from the investigation or the court;
- destroying, hiding or distorting evidence;
- unlawfully influencing a victim, witness, another suspect or an expert;
- obstructing the proceedings in some other way;
- committing another offence or continuing the one under suspicion.
A risk must not be abstract; it has to be proven by specific circumstances. "May abscond because the article is serious" is not an argument, and the Supreme Court has repeatedly overturned rulings where the gravity of the suspicion was the only ground for custody. A foreign passport with valid visas, the lack of a permanent home, calls to witnesses after the arrest — those, however, are circumstances the defence will have to deal with.
When choosing a measure, the court must also weigh the circumstances in the person's favour: age and health, strength of social ties, family and dependants, a steady job or studies, reputation, financial situation, no previous convictions. This is not a formality — it is a list from the Code, and the defence has to fill it with documents before the hearing.
A copy of the prosecutor's application with all attached materials must be handed to the suspect and defence counsel no later than three hours before the hearing begins. That is the minimum time needed to see what the prosecution's case is built on and to prepare objections. If the materials were not handed over, or not all of them were, this is raised at the hearing and is a ground to demand an adjournment or a refusal of the application.
Custody: when it may be requested and when it may not
The Code expressly calls custody an exceptional measure and limits it not only by the risks but also by the category of offence and the person's history. Simply put: for a person with no previous convictions suspected of an offence punishable by up to five years' imprisonment, custody is possible only if there are risks that milder measures do not cover; for offences where the main penalty is a fine of more than three thousand tax-free minimum incomes, only if the person has already breached an earlier measure or failed to pay bail.
When ordering custody, the court must at the same time set the amount of bail whose payment releases the person. That is the general rule, and it has exceptions worth knowing in advance. The court may decline to set bail if the offence involved violence or the threat of violence, if it caused a death, if the person has already breached bail conditions in the same proceedings — and, under martial law, for a list of offences described below.
For the period of martial law the Code has been supplemented with a separate list of offences — from attacks on national security and terrorist acts to robbery, extortion, fraud, offences against justice and a number of military offences, including unauthorised absence from a unit and desertion. If the suspicion concerns an article on that list and a risk is proven, the court may order custody — and may decline to set bail. In practice this means that, on such a suspicion, alternatives to custody have to be argued especially thoroughly, and "buying your way out" with bail may not be possible at all.
Bail: how much it is in hryvnias in 2026
The amount of bail is tied to the subsistence minimum for able-bodied persons as at 1 January of the year in which the measure is chosen. In 2026 that is UAH 3,328. The limits depend on the gravity of the offence, and within them the court takes into account the person's means: bail should be large enough that losing it would be felt, but not deliberately beyond reach.
In exceptional cases — where there is evidence that bail within the limits will not secure compliance — the court may set an amount above the upper limit. Prosecutors rely on this argument in cases involving large losses, and this is exactly where the defence has to show the person's real financial position.
Who pays and when. Bail may be paid by the suspect or by anyone else — a relative, a friend, an employer. The deadline is five days from the day the measure is chosen. If bail was set as an alternative to custody, the person must be released immediately once it is paid: proof of payment is submitted to the court or directly to the facility where they are held.
The money is returned if the person has met every obligation until the end of the proceedings — whatever their outcome. Bail can be lost only for a breach: failing to appear without good reason, breaking a ban, contacting a witness. So before paying, it is worth asking whether the person will physically be able to comply with all the obligations — that matters more than the amount.
House arrest: how it works
House arrest comes in two forms: round the clock, or for a certain period of the day — for example from 22:00 to 6:00 plus a ban on leaving home at weekends. The second form allows the person to work, and it is the one the defence most often proposes as a realistic alternative to custody when the court is not ready to "let go" entirely.
The ruling is valid for up to two months and may be extended, but the total term of house arrest may not exceed six months. After that it is either lifted or replaced with another measure. The police supervise it: home checks, calls, an electronic monitoring device. Refusing the tag is treated as a breach of the conditions.
Time limits: for how long a measure is set and how long a person can be held
A ruling on custody or house arrest is valid for no longer than sixty days. After that the prosecutor must apply for an extension every time — and every time prove that the risks remain. The total term of custody during the pre-trial investigation is limited: up to six months in proceedings on non-serious offences and up to twelve for serious and especially serious ones.
Each extension is a separate hearing, and each is a new opportunity to have the measure replaced with a milder one. People often treat an extension as a formality, and that is precisely why it becomes one. "The investigation is still ongoing", without explaining why the risks have not diminished in two months, is not a sufficient justification.
Appeal and change of measure
An investigating judge's ruling on custody or house arrest — and on extending them — can be appealed to the court of appeal. The deadline is five days from the day the ruling is announced. Filing an appeal does not suspend the ruling, but the court of appeal hears it without delay, and in our experience it is often on appeal that custody is replaced with bail or house arrest.
Regardless of an appeal, the suspect or their counsel may at any time apply to change the preventive measure if new circumstances have arisen: the suspicion has changed, evidence of strong social ties has been gathered, the person's health has deteriorated, the grounds for the risks have fallen away. The court considers such an application within three days. A repeat application without new circumstances may be filed no earlier than one month later.
What to get done before the hearing
A hearing on a preventive measure is a contest of documents. The prosecutor will bring the application, the arrest record and the materials supporting the risks. The defence has to bring what removes those risks. Only the family can do that — within hours, not days.
Frequently asked questions
What is a preventive measure?
A temporary restriction imposed on a suspect or accused by an investigating judge or court to ensure they do not abscond, destroy evidence or put pressure on witnesses. It is not a punishment. There are five: a personal undertaking, personal surety, bail, house arrest and custody.
What is a personal undertaking?
The mildest preventive measure: a written promise to perform the obligations set by the court — appear when summoned, not leave the city without permission, not contact certain people. No money and no restriction of liberty.
What is round-the-clock house arrest?
A ban on leaving home at any time of day, usually with an electronic tag. The alternative is house arrest for certain hours, for example at night, which allows you to work. The ruling is valid for up to two months, and the total term may not exceed six months.
Can bail be paid right at the hearing?
The court sets the amount of bail in its ruling, and it is paid into the court's deposit account afterwards — within five days. If bail was set as an alternative to custody, the person is released from the facility once payment is confirmed.
Will the bail be kept if the person is found guilty?
No. Bail is returned if all obligations were met, whatever the outcome of the case. It is forfeited to the state only for a breach of the conditions of the measure. In the judgment, the court may apply bail towards a fine or compensation for damage — but only with the consent of whoever paid it.
Can a person work while under house arrest?
Yes, if the court ordered house arrest for a certain period of the day rather than round the clock. This has to be requested specifically, with documents on the job and the work schedule. Round-the-clock house arrest rules out going to work.
What happens if I fail to appear when summoned?
Failing to appear without good reason is a breach of obligations. The consequences: a fine for the surety, forfeiture of bail, and for the suspect, an application by the prosecutor to replace the measure with a stricter one, up to custody.
The court ordered custody. Is it for long?
The first ruling is valid for up to sixty days. After that, only through an extension the prosecutor has to justify every time. In parallel there is an appeal within five days and an application to change the measure on new circumstances — both routes are used at the same time.
In short
A preventive measure is chosen by an investigating judge, not the investigator, at an open hearing with defence counsel present. The court must choose the mildest sufficient measure — custody is an exception, and the prosecutor has to prove not only the suspicion but specific risks and the impossibility of covering them otherwise. In 2026 bail starts at UAH 3,328, depends on the gravity of the offence and the person's means, and is returned if the obligations are met. Under martial law, for a separate list of articles — including unauthorised absence and desertion — the court may decline to set bail at all. An appeal must be filed within five days; an application to change the measure can be made at any time on new circumstances. And above all: hearings are won by documents the family gathers in the first hours, not by arguments invented in the courtroom.
A hearing on a preventive measure is already scheduled?
Tell us when and in which court — we will explain what to gather in the hours that are left, and come to the hearing.