Prohibition of Certain Actions in the Russian Criminal Process: Problems and Areas for Improvement

Abstract

The authors consider a number of topical problems in the practice of applying a preventive measure in the form of a ban on certain actions. An analysis of court decisions testifies to the actual convergence of the content of the prohibition of certain actions and house arrest in terms of imposing prohibitions on the accused related to isolation from society and the prohibition to leave the place of residence, which contradicts the literal content of the norms of the criminal procedure law and creates conditions for arbitrary application of the law and violation the rights of the accused. The authors propose to solve this problem by giving explanations by the Plenum of the Supreme Court of the Russian Federation. The courts should be invited to choose a measure of restraint in the form of house arrest for persons who need to be completely isolated from society. The prohibition of certain actions, both not providing for complete isolation from society, can allow for walks of any length, and a regime when the accused is outside the place of permanent residence for most of the day. The article proposes to expand the possibilities of simultaneous application of the prohibition of certain actions with other preventive measures, as well as to supplement the list of restrictions that the court can impose within the framework of the prohibition of certain actions, by prohibiting the use of alcohol and approaching a certain person.