Automatic extension of detention violates the right to defense, - says Constitutional Court

The obstacles to access to court and the violation of the right to be heard in court for a person in such an important matter as the extension of the term of detention, established by the provisions of the CPC, mean that it is impossible to exercise the right to defense guaranteed by part two of Article 63 of the Constitution.
This was specifically noted by the Constitutional Court in a case concerning guarantees of judicial review of the observance of the rights of persons held in custody (decision of 18 July 2025 No. 8-r(II)/2024).
In this case, part 6 of Article 615 of the CPC was challenged, according to which «if the term of a court decision on detention expires and it is impossible for the court to consider the issue of extending the term of detention in accordance with the procedure established by this Code, the preventive measure in the form of detention shall be considered extended until the relevant issue is resolved by the court, but for no more than two months».
The Constitutional Court noted that the legislator's regulation of the procedure for resolving the issue of extending the term of detention as a preventive measure in a manner that does not provide for the participation of a court (judge) results in a violation of the constitutional right of everyone to judicial protection (Article 55(1) of the Constitution) in conjunction with the right to liberty and personal inviolability (Article 29(1)) and the right of the accused to defense (Article 63(2)).
The Constitutional Court also stated that, in the context of the case, the human rights and freedoms guaranteed by the aforementioned articles of the Constitution cannot be restricted under martial law. The principles of the rule of law, separation of powers, and respect for human rights and freedoms remain the foundations of Ukraine's democratic constitutional order.
Guided by these and other considerations, the Constitutional Court found Part 6 of Article 615 of the CPC to be unconstitutional.
The full text of the Constitutional Court's decision can be found at link.
We remind you that, in accordance with Articles 63 and 131-2 of the Constitution, a suspect, accused or defendant has the right to defense. Only an advocate may defend against criminal charges.
Popular news

Legislation
DIC and customs control: advocates warn against the risks of draft law No. 13421
Ukrainian defense companies face bureaucratic delays in importing components, which could critically affect the timing of government contracts. At the same time, the mechanism proposed in the Verkhovna Rada creates risks that could outweigh the potential benefits for the industry.

Discussion
Partnership for reconstruction: UNBA discusses new law on PPPs
Public-private partnerships are considered one of the key tools for Ukraine's recovery, but in practice, their mechanisms remain complex, poorly understood, and often ineffective.

Guarantees of the practice of law
Defended police officers — ended up in the army: advocate mobilized while performing his duties
An advocate specializing in defending the rights of law enforcement officers and who had repeatedly won cases against the police was mobilized while performing his professional duties. The day before, a report appeared in the Oberig registry stating that he had violated military registration rules, and his current deferral was canceled. The advocate was detained, taken to the TCC and the SS, beaten and sent to a military unit.

Announcements
The BCU has begun accepting documents from candidates for the Competition Commission for the selection of members of the HQCJ
The Bar Council of Ukraine announces the start of accepting documents from candidates who wish to be elected to the Competition Commission for the selection of members of the High Qualification Commission of Judges under the BCU quota.

Legislation
Venice Commission warned of risks of changes to disciplinary procedures for Ukrainian judges
The European Commission for Democracy through Law (Venice Commission) and the Council of Europe Directorate for Human Rights and Rule of Law are preparing an assessment of draft laws concerning the judicial system and the status of judges in Ukraine.

Announcements
Ukrainian advocates invited to Bonn for internship
Young Ukrainian advocates specializing in civil, commercial, and economic law have the opportunity to participate in an internship program in Germany. The program is organized by the International Legal Cooperation Foundation (IRZ) in cooperation with the Federal Bar Association and the German Bar Association.

Legislation
Declarations of integrity for judges and others: BCU approves conclusions on draft laws
Under the guise of restoring trust in the judiciary, repressive mechanisms of control over it may be introduced. This directly contradicts international experience and may lead to the degradation of the Ukrainian justice system.

Court practice
Automatic extension of detention violates the right to defense, - says Constitutional Court
The obstacles to access to court and the violation of the right to be heard in court for a person in such an important matter as the extension of the term of detention, established by the provisions of the CPC, mean that it is impossible to exercise the right to defense guaranteed by part two of Article 63 of the Constitution.
Publications

Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…

Valentyn Gvozdiy WORKING IN A WAR ZONE

Lydia Izovitova Formula of perfection

Sergiy Vylkov Our judicial system is so built that courts do not trust advocates

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences

Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…