Section II
INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION
Chapter 13
MEASURES OF RESTRAINT
Article 165-3. The way in which periods of custody are extended
With sufficient grounds absent for alteration of the measure of restraint or if it is impossible to complete the investigation of the case in terms of charges proved, the investigator, upon agreement with the appropriate prosecutor, or the prosecutor himself/ herself applies to court for the extension of custody. The motion states reasons for the extension of custody, circumstances and facts to be established, proofs confirming that the crime has been committed by the person kept in custody and substantiates the necessity of maintaining this measure of restraint.
Motion to extend custody shall be filed with court:
1) not later than five days before expiration of custody period if the custody is to be extended for up to four months;
2) not later than fifteen days before expiration of custody period if the custody is to be extended for up to nine months;
3) not later than twenty days before expiration of custody period if the custody is to be extended for up to eighteen months;
4) not later than five days before expiration of the maximum custody period if the custody is to be extended for the accused and his/her defense counsel to review records of the criminal case.
Having received the motion, the judge reviews records of the criminal case, if necessary interviews the accused, the person who conducts proceedings in the case, hears opinion of the prosecutor, defense counsel if he/she has appeared, and thereafter takes a decision, with sufficient grounds present therefor, on the extension of custody, except as referred to in Article 156, seventh paragraph, of the present Code, or dismisses the motion.
The prosecutor, suspect, accused, his/her defense counsel, or legal representative may appeal against judge’s decision within 3 day after it has been rendered. The appeal does not affect execution of the judge’s decision. Decisions of a judge of Court of Appeals or a justice of the Supreme Court of Ukraine may not be challenged, and the prosecutor may not challenge such decisions.
Provisional arrest
Request for provisional arrest
Provisional arrest for national proceedings
EDIT.