OIDA International Journal of Sustainable Development
Open-access peer-reviewed journal
https://doi.org/10.64211/oidaijsd190405
The Right to Liberty and Personal Integrity During Detention in the Human Rights Protection System
Oleksandr Shevchuk 1*, Svitlana Davydenko 2, Igor Samoshchenko 3, Iryna Borodina 4, Yevhen Povzyk 5
1 Department of Administrative Law and Administrative Activities, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
2,4,5 Yaroslav Mudryi National Law University Department of Criminal Procedure, Kharkiv, Ukraine.
3 Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine. 1*Corresponding author: Oleksandr-shevchuk@ukr.net
Volume 19, Issue 04, Pg. 55-64, 2026.
Abstract: The study examined the legal problems of protecting the right of individuals to liberty and personal integrity during detention in Ukraine, taking into account the practice of the European Court of Human Rights, and also analyzed the foreign experience of individual states. The main purpose of the article is to analyze international standards and individual court decisions of the European Court of Human Rights regarding the protection of the rights of individuals under study in the human rights protection system. The results of the study demonstrated how the practice of the European Court of Human Rights can address the problems of protecting the right of individuals to liberty and personal integrity during detention in Ukraine, in particular under martial law. The researcher compared the problems of protecting the rights of individuals to freedom and personal integrity during detention in Ukraine with certain legislative norms of foreign countries. The study showed that the effectiveness of the legal mechanism must be ensured by strict adherence to the Constitution of Ukraine and the Criminal Procedure Code, which guarantee the right to know the reason for detention, immediate protection, and the opportunity to challenge unlawful detention in court in compliance with international standards. It is indicated that under national law, every detainee has the right to a lawyer, to immediate notification of relatives, and to have the case heard by a court within a reasonable time, which are often violated. The methodology of the article included a review of academic literature, a comparative analysis of the provisions of the Criminal Procedure Code of certain foreign countries and Ukraine, and an assessment of the practice of the European Court of Human Rights in the studied area. It also included a systematic review using a system of scientific knowledge methods. In particular, using the method of comparative analysis, the criteria for distinguishing between the legal categories of “detention of persons in administrative proceedings” and “detention of persons during administrative activities” were revealed, and European Court of Human Rights precedents were revealed, including the standards of “reasonable suspicion” necessary for the detention of a person. The authors of the article also consider the general grounds for the procedure of detention by officials, as well as the legal criteria for detainees to acquire the procedural status of a suspect under both national and foreign legislation of some states. The study concludes that it is important to use the practice of the European Court of Human Rights in national legislation, which will ensure effective protection of the right of individuals to liberty and personal integrity during detention in the human rights protection system.
Keywords: European Court of Human Rights; Human rights; Legal regulation; Standard of “reasonable suspicion”; the detention of a person
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