Меры пресечения: проблемы правового регулирования и правоприменительной практики

Abstract

The article examines the problems of legal regulation and the practice of applying preventive measures in modern Russian criminal proceedings. The article examines the issues of the essence of preventive measures, the criteria for their allocation in the system of coercive measures into a separate institution, as well as into separate types. Preventive measures in the form of house arrest and prohibition of certain actions are considered in the context of ensuring both public interests and private interests of persons against whom these preventive measures are applied: suspects, accused. The shortcomings of the legal regulation of these preventive measures in terms of ensuring certain rights and legitimate interests of these participants in criminal proceedings are noted. The authors come to the conclusion that the prohibition of the suspect (accused) to leave the premises is an integral part of house arrest and in this regard there is no need to establish it as an independent preventive measure; that the established approach in legislation should be preserved – the application of only one preventive measure to a person. It is proposed to include such a measure as "prohibition of certain actions" in the list of other measures of criminal procedural coercion. Currently, house arrest cannot become an alternative to detention due to the cumbersome mechanism of its election and application, on the one hand, and on the other, unlike detention, it is less effective in achieving the goals of applying preventive measures.