Prohibition of Certain Actions: Interpretation and Problems of Enforcement

Abstract

The authors analyze provisions of the Article 105.1 of the Criminal Procedural Code of the Russian Federation concerning new measure of criminal procedure coercion. The authors have tried to determine the meaning of the prohibition to periodically leave premises and restriction of communication means usage in the context of international legal regulation, the European Court of Human Rights and the Constitutional Court of Russian Federation practice. The provisions that are going to be observed refer to non-violation of basic personal rights and freedoms in the circumstances characterized by criminal coercion application connected with restriction of personal liberty. The necessity of new restraint measure correlation with relevant provisions of the international and Russian law is defied. It is offered to reduce risks during the European Court of Justice trials due to unifid approach to new restraint measure and basic substantive law principles application. The conclusion is made that additional technical and legal regulation of the prohibition of certain actions is needed. Issues concerning the goals and objectives of the prohibition of certain actions are going to be discussed in relation to basic criminal procedure law functions. The prospects of the newly established provisions of the criminal procedure law application regarding the accused coercion to behave obediently by settling the direct prohibitions for the sake of prosecution functions realization are evaluated. The fild for the discussion regarding issues of criminal procedure law obtaining attributes of substantive law due to protective and other criminal law functions reinforcement is being formed.