On the constitutionality of the ban on the use of the Internet by a suspect or accused

Abstract

The article examines the theoretical and applied problems of the prohibition of the use of the information and telecommunications network "Internet" by a suspect or accused when choosing a preventive measure in the form of a ban on certain actions, bail or house arrest; analyzes, in connection with the fundamental rights and freedoms of man and citizen, the changes introduced by Federal Law No. 72-FZ of 18.04.2018 changes in The Criminal Procedure Code of the Russian Federation; thematic judicial practice is given; legal solutions aimed at optimizing the current legislation and the practice of its application are proposed, while legal issues are correlated with the role of the Internet in modern society and human life. According to the results of the study, the authors come to the conclusion that the legal stereotypes that have existed for a long time about the inseparable connection of the restriction of the constitutional right to freedom when placed under house arrest with other restrictions of constitutional rights, although not explicitly specified in the law, are actually applied to a suspect or accused under house arrest. Among such restrictions, we will find, for example, a ban on performing labor (official) duties, searching for and receiving information, various types of creative activity (literature, painting, science, technology, etc.). These restrictions could have been formed only in a "pre-digital" society and therefore require revision.