Open AccessREVISITING THE SYSTEM OF PREVENTIVE MEASURES IN THE RUSSIAN CRIMINAL PROCEDURE
Author(s) -
Yu. O. Meshcheryakova,
A. R. Takhautdinova,
T. V. Mychak
Publication year - 2022
Publication title -
vektor nauki tolʹâttinskogo gosudarstvennogo universiteta. seriâ ûridičeskie nauki
Language(s) - English
Resource type - Journals
ISSN - 2220-7457
DOI - 10.18323/2220-7457-2022-1-21-27
Subject(s) - legislation , criminal procedure , enforcement , preventive detention , law enforcement , criminal investigation , criminal code , preventive action , criminal law , law , political science , risk analysis (engineering) , law and economics , psychology , business , computer security , computer science , economics
Preventive measures in the criminal procedure are the most stringent enforcement actions aimed at limiting constitutional human and civil rights and liberties, which causes greater attention to the issues of their legal regulation and application feasibility. The authors consider the concept and purposes of the preventive measures in the criminal procedure, analyze the preventive measures system, identify the tendencies to its amendment, and conclude on the necessity to reform the system of preventive measures in the criminal procedure. During the study, the authors analyzed the statements of Chapter 13 of the RF Criminal Procedure Code, as well as the contemporary scientific approaches to the understanding of the system and purposes of preventive measures in the criminal procedure. Following the results of the research and taking into account the study of law enforcement practice, the authors concluded that the preventive measures system is insufficient, which is expressed in the actual application of two measures of restraint only: a recognizance not to leave and detention, and in refusal to apply other restrictive measures due to their ineffectiveness or lack of technical feasibility for their application. The analysis of legislation in terms of regulating the procedure for the application of the preventive measures allowed formulating several proposals for improving the norms of the criminal procedure legislation of the Russian Federation aimed at increasing the efficiency of their application: to enshrine the definition of preventive measures in the RF Criminal Procedure Code; to expand the list of restrictions when applying preventive measures not related to the limitation of the freedom; to exclude personal surety, supervision of an accused minor, observation of the military unit command, and the restraining order from the list of preventive measures.