Open AccessJudicial jurisdiction in the application of a preventive measure in the form of detention
Author(s) -
Yuriy R. Gershevskiy
Publication year - 2021
Publication title -
rossijskaâ ûsticiâ
Language(s) - English
Resource type - Journals
ISSN - 0131-6761
DOI - 10.18572/0131-6761-2021-1-68-70
Subject(s) - preventive detention , jurisdiction , legislation , law , suspect , political science , criminal procedure , criminal jurisdiction , measure (data warehouse) , criminal law , criminology , psychology , computer science , database
The article deals with a set of problems related to judicial jurisdiction in the application of preventive measures in the form of detention. A number of additions to existing legislation on the use of preventive measures in the form of detention are proposed. This article deals with the peculiarities of the application of a preventive measure, such as detention. The main features of its use were established. The procedural characteristics of such a type of preventive measures as detention are studied, the procedural measures related to the detention of a suspect/ accused/defendant are analyzed, the provisions of the current criminal procedure law are analyzed. It is stated that ensuring the rights of suspects accused when choosing and applying a preventive measure in the form of detention against them is faced with difficulties, primarily due to the fundamental problems of the entire Russian criminal proceedings: the excessive length of the proceedings, its excessive bureaucratization, formalism, the hypertrophied role of the preliminary investigation before the trial, poor conditions of detention and others. Materials of St. Petersburg, Arkhangelsk region are used.