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The article reveals the theoretical and methodological problems related to the detention of a person who has committed a criminal offense. Attention is focused on the fact that the legal regulation of detention in criminal proceedings remains a debatable problem, which is additionally determined by the constant introduction of changes to the legislation regarding the legal regulation of this issue. Accordingly, it is determined that the purpose of the article is to obtain a scientific result on certain issues of regulatory regulation of detention, as well as to develop proposals for improving the norms of the current legislation. Special attention is paid to the legal construction of the norm of the Constitution of Ukraine, which defines the urgency of the need for detention as a mandatory prerequisite for the application of such a measure. The available scientific approaches to understanding the detention of a person who has committed a criminal offense are critically analyzed. Taking into account the analysis of the norms of the current criminal and criminal procedural legislation, appropriate changes are proposed in order to optimize the legal regulation of the detention of a person who has committed a criminal offense. Systematically considered and analyzed the changes made to the legislation of Ukraine regarding the detention of a person for committing a crime after the introduction of martial law. A system of articles of the criminal procedural law that needs to be amended and revised to improve the procedure for detaining a person suspected of committing a crime has been determined. The main tasks of the research are to establish the circumstances under which it is possible to detain a person before the start of a pre-trial investigation, to separate the purpose from the motives of criminal procedural detention, to define the concept of criminal procedural detention, as well as to establish the algorithm of actions of an authorized official who carries out detention before the start of a pre-trial investigation.
Timofeev et al. (Mon,) studied this question.