Topical Problems of Imposing Prohibitions and Restrictions When Choosing the Preventive Measure of House Arrest

Abstract

House arrest is quite often used as a preventive measure in criminal court proceedings. At the same time, its use poses a number of problems. In particular, they refer to the legislative regulation of the enforcement of the house arrest, the prohibition of certain actions and the conditions of their implementation. The authors analyze certain problems of imposing prohibitions and restrictions when choosing the preventive measure of house arrest. They present the interpretation of the concept “prohibition and restrictions” in the criminal process theory and describe the essence and contents of these concepts. It is researched how problematic the prohibition of continuous house arrest is considered to be and how this problem should be solved in court practice. The authors draw attention to the absence of legislative regulation of the procedure for imposing prohibition on postal and telegraph orders and outline ways to solve this problem. They examine different aspects of enforcing the right to leave the dwelling in cases of house arrest. Investigatory actions involving persons who are under prohibition to commit certain actions is analyzed as a separate problem aspect. Having studied the problems of imposing prohibitions and restrictions in cases of choosing the preventive measure of house arrest, the authors propose ways of solving them.