The Constitutional Court is considering a case on release from pre-trial detention for mobilization: what does it mean

According to Конституційний суд: On November 26, 2025, the Second Senate considered the case regarding the constitutional complaint of Yevhen Henievskyi. The reporting judge, Viktor Horodovenko, explained that the applicant is questioning the constitutionality of a paragraph of the Criminal Procedure Code concerning precautionary measures.

Henievskyi E.A. believes that this paragraph violates the rights of the accused to defense in court and the equality of all participants in the court process. He claims that the prosecutor cannot base accusations on mere assumptions, and risk is merely the probability of an event that has yet to happen.

According to this paragraph, the prosecutor has the right to ask the court to cancel the precautionary measure for the continuation of military service.

After reviewing the case materials, the court moved to the closed part of the plenary session.

During the court session, a constitutional complaint regarding precautionary measures for military service was considered. Yevhen Henievskyi believes that certain provisions of legislation violate his rights and has sought assistance from the Constitutional Court. A decision on this case has not yet been made.