Some Procedural Issues Related to the Enforcement of Restrictive Measures in the Form of Prohibition on Certain Actions, House Arrest, and Bail in the Work of Probation Inspectorates

Abstract

Introduction: the article analyzes procedural issues in the activities of probation inspectorates in connection with the monitoring of suspects and accused in the execution of restrictive measures in the form of house arrest, bail, prohibition on certain actions. Aim: on the basis of generalization of judicial practice, the activities of probation inspectorates, we identify patterns and procedural problems arising from the implementation of certain measures of coercion, within the framework of which the probation inspectorates are competent to exercise control, as well as to develop proposals for eliminating legal gaps and give organizational recommendations of procedural nature. Methods: general scientific (formal and dialectical logic, system analysis, interpretation) and specific scientific methods (historical legal, comparative legal, formal dogmatic and the method of interpreting legal norms) were used. Results: in the course of the analysis of domestic and foreign legal practice in the field of selection and execution of restrictive measures in the form of house arrest, bail, prohibition on certain actions, some patterns and legal gaps were identified that require legislative decisions, as well as difficulties with the interpretation of relevant legal norms and court decisions in activities of probation inspectorates; proposals were put forward to overcome the identified problems. Conclusions: the appointment and execution of restrictive measures in the form of house arrest, prohibition on certain actions, and bail are consistent with the norms of international law, decisions of the European Court of Human Rights; control functions in relation to persons under investigation are attributed to the competence of probation inspectorates, which are experiencing difficulties due to the lack of elaboration of certain mechanisms for the implementation of these coercive measures; the solution to the identified problems is seen in filling legal gaps in some of the procedural powers of probation inspectorates and improving judicial practice in terms of sufficient specification of court decisions and strict compliance with the requirements of legality. Keywords: house arrest; prohibition on certain actions; bail; penal inspections; the control; preventive measure; court decisions.