Open AccessProhibition of Certain Actions: Interpretation and Problems of Enforcement
Author(s) -
Alla Petrovskikh,
Evgeny Smakhtin
Publication year - 2018
Publication title -
èlektronnoe priloženie k rossijskomu ûridičeskomu žurnalu
Language(s) - English
Resource type - Journals
eISSN - 2542-0364
pISSN - 2219-6838
DOI - 10.34076/2410-2709-2018-4-13-18
Subject(s) - law , coercion (linguistics) , political science , criminal law , criminal procedure , context (archaeology) , substantive law , paleontology , philosophy , linguistics , biology
The authors analyze provisions of the Article 105.1 of the Criminal Procedural Code of the RussianFederation concerning new measure of criminal procedure coercion. The authors have tried to determinethe meaning of the prohibition to periodically leave premises and restriction of communication means usagein the context of international legal regulation, the European Court of Human Rights and the ConstitutionalCourt of Russian Federation practice. The provisions that are going to be observed refer to non-violationof basic personal rights and freedoms in the circumstances characterized by criminal coercion applicationconnected with restriction of personal liberty. The necessity of new restraint measure correlation withrelevant provisions of the international and Russian law is defied. It is offered to reduce risks during theEuropean Court of Justice trials due to unifid approach to new restraint measure and basic substantivelaw principles application.The conclusion is made that additional technical and legal regulation of the prohibition of certainactions is needed. Issues concerning the goals and objectives of the prohibition of certain actions are goingto be discussed in relation to basic criminal procedure law functions. The prospects of the newly establishedprovisions of the criminal procedure law application regarding the accused coercion to behave obedientlyby settling the direct prohibitions for the sake of prosecution functions realization are evaluated. The fildfor the discussion regarding issues of criminal procedure law obtaining attributes of substantive law dueto protective and other criminal law functions reinforcement is being formed.