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Pre-Trial Detention Challenges in Sweden and Ukraine Cover

Pre-Trial Detention Challenges in Sweden and Ukraine

Open Access
|May 2024

Abstract

This article conducts a comparative analysis of pre-trial detention challenges in Ukraine and Sweden, highlighting common issues and distinctive features. Both countries face non-compliance with international standards in their remand policies, with legislative problems serving as a focal point. Recent legislative efforts in Ukraine and Sweden have addressed some issues, but significant challenges persist, requiring comprehensive solutions. The legislative disparities between the two nations manifest in the technical nature of Ukraine’s problems and Sweden’s more systemic issues. A unique challenge faced solely by Sweden is the disproportionately high number of foreigners in pre-trial detention, highlighting discriminatory legal regulations. Procedural hurdles vary, with Sweden grappling with the lack of specificity in prosecutors’ grounds for restrictions, while Ukraine faces a formalistic approach to remand extensions. Long-term pre-trial detention is identified as a shared concern, attributed to systemic principles in Sweden and technical procedure problems.

DOI: https://doi.org/10.2478/jles-2024-0004 | Journal eISSN: 2457-9017 | Journal ISSN: 2392-7054
Language: English
Page range: 59 - 78
Submitted on: Jan 1, 2024
Accepted on: Mar 1, 2024
Published on: May 20, 2024
Published by: Vasile Goldis Western University of Arad
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2024 Dariia Melnykova, published by Vasile Goldis Western University of Arad
This work is licensed under the Creative Commons Attribution 4.0 License.