Prohibition of Certain Acts and Stipulated Prohibitions in Combination with Bail and House Arrest: First Six Months of Instrumentation

Abstract

Based on the study of court decisions, the article analyzes the first judicial-investigative practice of applying innovations in the system of procedural coercive measures — preventive measures in the form of a ban on certain actions, as well as bail and house arrest in combination with the prohibitions provided for in part 6 of article 105.1 of the Criminal Procedural Code of the Russian Federation. The subject of the study were 40 court decisions made by district and higher courts of 17 constituent entities of the Russian Federation. The author analyzes these decisions on preventive measures, the initiators of their election, the crimes charged with the accused, the stages of criminal proceedings at which they were taken. Decisions on the election of a ban on certain actions are analyzed according to the criteria: the number of simultaneous prohibitions; the time allowed to leave the premises; the places that the accused is forbidden to visit; the persons with whom they are forbidden to communicate. The analysis of the resolutions on the election of bail and house arrest with simultaneous establishment of certain prohibitions showed that the courts do not always properly motivate their decisions, subjected to defendants not covered by section 6 of article 105.1 of the Criminal Procedural Code of the Russian Federation prohibitions, permitted the defendants to take actions that do not provide their isolation from society. The data given in the article are accompanied by the author’s comments and references to the decisions set in the State automated system of the Russian Federation “Justice”. At the end of the study, the author provides conclusions and proposes to adjust in the near future the judicial practice of application of preventive measures following appropriate explanations of the Plenum of the Supreme Court of the Russian Federation, taking into account the changes made to the Criminal Procedural Code of the Russian Federation by the Federal law of 18.04.2018 No. 72-FZ.