Here is the analysis of the Decision of the Constitutional Court of Ukraine No. 4-r(II)/2026, prepared for your material.
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### 1. Essence of the Decision
The Constitutional Court of Ukraine declared unconstitutional the provision of the Criminal Procedure Code (CPC) that required courts, during a state of martial law, to apply exclusively detention in custody for military personnel suspected of certain military crimes (insubordination, desertion, unauthorized absence from a unit, etc.). The Court concluded that the lack of alternatives for such a preventive measure deprives judges of the ability to assess the specific circumstances of the case and the risks, which violates the right to liberty, personal integrity, and the right to judicial protection. This decision effectively restores the right of judges to choose milder preventive measures if there are no sufficient grounds for detention in custody.
### 2. Structure and Main Provisions
The decision is based on an analysis of the compliance of the challenged provision (Part 8 of Article 176 of the CPC) with fundamental constitutional principles:
* **Principle of Separation of Powers:** The Court emphasized that the legislature cannot restrict judicial discretion to such an extent that a decision becomes automatic and formal.
* **Right to Liberty (Article 29 of the Constitution):** Any restriction on liberty must be reasoned, rather than automatic.
* **Prohibition of Discrimination (Article 24 of the Constitution):** The Court pointed out that isolating military personnel into a category to which only one type of preventive measure is applied lacks objective justification.
* **Distinction from Previous Decisions:** The Court clearly distinguished this case from previous decisions (e.g., regarding crimes against national security), where detention in custody is also strict, but still provides for the assessment of risks defined by Article 177 of the CPC.
### 3. Important Provisions for Practice
The most important conclusions for law enforcement are as follows:
* **Abolition of “Automatism”:** Judges are no longer obligated to automatically select detention in custody for military personnel under the specified articles. They must evaluate each case individually.
* **Delayed Enforcement:** The provision shall lose force in **three months** from the date of the decision (June 24, 2026). This gives the legislature time to make amendments to the CPC that would comply with the Constitution.
* **Priority of Reasoning:** Any judicial decision regarding the arrest of a military serviceman must now be detailed and substantiated, taking into account specific risks (possibility of flight, pressure on witnesses, etc.), rather than being based solely on the fact of committing a military crime during a state of martial law.
This decision is final and mandatory for implementation throughout the territory of Ukraine.
