Open AccessPROPORTIONALITY OF PROCEDURAL RESTRICTIONS TO THE THREATENED PUNISHMENT AND ECONOMY OF COERCION WHEN CHOOSING A MEASURE OF RESTRAINT
Author(s) -
K. V. Muravev
Publication year - 2020
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2020-6-4-72-79
Subject(s) - discretion , punishment (psychology) , proportionality (law) , coercion (linguistics) , threatened species , law and economics , criminal law , measure (data warehouse) , economics , psychology , political science , social psychology , law , computer science , ecology , linguistics , philosophy , habitat , biology , database
The article draws attention to the fact that the Criminal Procedure Code of the Russian Federation provides for uniform grounds for applying preventive measures, and the circumstances taken into account do not contain clear selection criteria. This implies the discretion of the competent persons when making a procedural decision, and, ultimately, allows you to raise the question of fairness of preventive measures. The author points out that the choice of a fair measure of restraint is preceded by the identification of the limits of coercion that meet the requirement of proportionality of procedural restrictions to the threatened punishment. The material and legal conditions for applying certain preventive measures are analyzed. It is concluded that the decision on the measure of influence should be made taking into account the requirement of economy of compulsion, which should not be absolutized.