Constitutional Court Introduces Real Alternative Test for Bail

Ruling by Ukraine's Constitutional Court

According to Конституційний суд: On July 21, 2026, the Second Senate of the Constitutional Court of Ukraine issued Decision No. 9-р(II)/2026 in response to a constitutional complaint filed by Roman Volodymyrovych Dudin. The court upheld the constitutionality of paragraph five of part five of Article 182 of the Criminal Procedure Code (CPC), while simultaneously mandating that bail must be a genuinely viable alternative to pretrial detention. Reporting judge Vasyl Lemak emphasized the need to align judicial practice with established legal positions on this matter.

Significance of the New Approach

During the plenary session, the court noted inconsistencies and internal contradictions in how courts have applied this CPC provision. Consequently, the Constitutional Court introduced a real alternative test for bail, aiming to ensure a fairer approach when deciding whether to impose pretrial detention.

The ruling stresses that the CPC provision must be interpreted in line with Ukraine's Constitution, the European Convention on Human Rights, and the case law of the European Court of Human Rights. This underscores the importance of harmonizing national legislation with international human rights standards.

• The full text of the decision and its summary are scheduled for publication on July 22, 2026, which will further enhance transparency in the administration of justice in Ukraine.

This ruling could significantly reshape bail practices in Ukraine by introducing a new standard designed to reduce unjustified pretrial detention. The adoption of a real alternative test for bail may also strengthen legal protections for individuals under investigation and boost public confidence in the judiciary. Releasing the decision text will provide additional clarity and transparency in law enforcement, marking an important step toward upholding human rights in Ukraine.

In light of the recent ruling on bail practices, it is essential to consider how the Constitutional Court's decisions are shaping individual rights in Ukraine. For instance, the court's earlier decision granting citizens the right to appeal for the return of property highlights a broader commitment to enhancing legal protections. Understanding these developments can provide valuable insights into the evolving landscape of justice in the country. More details can be found in our coverage of the rights of citizens regarding property claims.