House Arrest Research Articles

A SUBSTITUIÇÃO DA PRISÃO PREVENTIVA POR PRISÃO DOMICILIAR DA MULHER GESTANTE: UMA ANÁLISE DOS JULGADOS DO STJ NO PERÍODO ENTRE 2022-2023

The subject of this article will be to discuss art. 318-A, added to the Code of Criminal Procedure as amended by Law 13,769/18, which establishes that preventive detention imposed on pregnant women or women who are mothers or guardians of children or people with disabilities will be replaced by house arrest. Thus, the aim is to analyze the replacement of preventive detention by house arrest. To this end, the problem will be to analyze whether the judging body can replace preventive detention by house arrest whenever the agent preventively arrested is pregnant. The general objective of this article will be to analyze the Rulings of the STJ that judged the requests to replace prison with house arrest of pregnant women, in the period 2022-2023, identifying whether the replacement of preventive detention by house arrest is carried out in all cases provided for in the Code of Criminal Procedure. As for the specific objectives, they focus on verifying whether the mere fact that the agent is pregnant already expresses the granting of house arrest, in the cases provided for in the CPP. Regarding the methodology, basic research will be used, with a bibliographic review, with a descriptive approach, using the deductive and qualitative method, based on theoretical foundations found in digital books, periodicals, theses and jurisprudential examination of STJ and STF judgments.

The Case of the DOXA Four: A Year in the School of Political Prisoners

AbstractThis paper explores media strategies used by the four former editors of the Russian independent student‐run journal DOXA during their year of pre‐trial domestic confinement between April 2021 and April 2022. This high‐profile case ended only two months after the beginning of Russia’s full‐scale war in Ukraine and the intensification of repressions against the internal political opposition. It also concludes a decade‐long phase in the conflict between the Russian state and its increasingly politicized youth. By maintaining a public presence during their house arrest despite the official prohibition, the DOXA Four entered into a media competition with police: Both groups were trying to reach an audience of Russian youth and shape the public image of oppositional students. While the state strove to intimidate, infantilize, and isolate the young people, the DOXA editors promoted collectivist forms of feeling and imagination to encourage political mobilization. In doing so, they aimed to break with the prevailing culture of ironic aestheticization of state violence and to re‐articulate political aesthetics for its generation.

ОСОБЕННОСТИ ОСУЩЕСТВЛЕНИЯ КОНТРОЛЯ УГОЛОВНО-ИСПОЛНИТЕЛЬНЫМИ ИНСПЕКЦИЯМИ ЗА СОБЛЮДЕНИЕМ ЗАПРЕТА ПОДОЗРЕВАЕМЫМИ И ОБВИНЯЕМЫМИ ОТПРАВЛЯТЬ И ПОЛУЧАТЬ ПОЧТОВО-ТЕЛЕГРАФНЫЕ ОТПРАВЛЕНИЯ

Taking into account the analysis of the provisions of the Criminal Procedure Code of the Russian Federation and other regulatory legal acts, as well as law enforcement activities, the article identifies a number of problems in the field of control by employees of criminal inspections over compliance with the prohibition by suspects (accused) to send and receive postal and telegraphic items. In order to increase the effectiveness of such control, the need is justified to supplement the Penal Code of the Russian Federation with Article 18.2 with the expansion of the tasks of operational investigative activities in the penal system (for example, assistance in organizing control over prohibitions against suspects, accused with preventive measures in the form of house arrest, prohibition of certain actions and bail) and appropriate grounds for conducting operational investigative measures (in particular, the presence of a resolution on the election of preventive measures in the form of detention, house arrest, prohibition of certain actions and bail).

Beyond Verbatim: Embodied Truth and the Limits of Language in House Arrest

In an era marked by the proliferation of media images and the blurring of fact and fabrication, Anna Deavere Smith’s House Arrest (1999) offers a compelling exploration of truth, language and the pervasive influence of media in shaping public perception. Through verbatim text, minimalist staging and emotionally resonant performance, Smith highlights how individuals, particularly those from marginalised groups, are vulnerable to having their narratives distorted or controlled by those in power. In light of media effects theories, including framing, agenda-setting and Marshall McLuhan’s concepts of the ‘global village’ and ‘the medium is the message,’ this article analyses how the play compels a critical examination of media manipulation and the subtle ways language constructs individuals’ understanding of truth. Transcending its historical context, House Arrest emerges as a timely call for heightened media literacy and a discerning approach to information consumption in a world increasingly characterised by political polarisation and misinformation. Ultimately, Smith advocates for an active engagement with diverse perspectives and a recognition of the limitations of language by encouraging the audience to cultivate a more conscious and critical relationship with the information that surrounds them.

Kazna zatvora u Srbiji – trendovi i odlike zatvoreničke populacije

The rate of persons deprived of liberty in Serbia has been increasing since 2006 and during the last decade this rate has been approximately 150. The data of the Council of Europe for the year 2022 show that in a large number of countries there a decrease in the rate of prisoners (all persons deprived of liberty) has been determined, and Serbia is still in the group of countries with a high rate of prisoners. However, the capacities of penal institutions in Serbia allow such figures, and according to the data, the total population of persons deprived of liberty is about 1000 people smaller than the maximum capacity allows. There is an average of 3.8 people in cells, while the European average is 2.1, and in half of the countries that number is 1.4. Similarly, the sentencing policy of the courts is uniform and the rate of those sentenced to prison generally follows the rate of all those convicted. In addition to a suspended sentence, the courts usually opt for a prison sentence. Taken together, imprisonment (including the house arrest that is enforced in the premises where the convicted person lives) amounts to about 1/3 of all imposed sanctions. The question arises why Serbia did not follow the trend of most European countries in which the population of persons deprived of their liberty has decreased in the last years? One of the explanations is the adoption of repressive criminal law solutions that in many situations limited the discretionary powers of judges in respect to penal sanctions. While on the one hand it is not in dispute that for serious crimes the only option will be a prison sentence, in the case of some incriminations it was better to leave the choice to the judges. However, it seems that the trend of transferring decision-making from the judiciary to the legislature is not typical only for Serbia (see for example: von Hirsch, 2017). At the same time, the public most often expresses repressive attitudes, which should be respected, but legal solutions should not be guided only by the interest of getting political support of voters but also by scientific and professional arguments. Scientific knowledge points to all the problems that, on the one hand, appear in prisons and how and in what way these problems prevent the successful execution of prison penalty and the implementation of treatment. In such situations, it would be more appropriate to opt for alternatives for less serious crimes, and in this way, prisoners could also receive greater commitment of treatment services as well as generally better conditions while serving their prison sentence. Although, according to statistical data, prisons are not overcrowded, it seems that those authors who claim that the frequency and length of prison sentences are primarily determined by existing capacities are right. If they are exceeded, one option is the construction of new institutions, which is usually associated with financial problems, and another option is amnesty and pardon. At the end, it should be borne in mind that long-term prison sentences are the least common, and that the largest number of prisoners will be released after a few years. It is clear that the public should also be interested in ensuring that at least some of them do not commit criminal acts again, and criminological research confirms that insisting on intimidation and retribution will not reduce recidivism rate.

Electronic Monitoring Is Not the Only Problem Here

Over the past 25 years, few alternative sanctions have received as much attention as electronically monitored house arrest. In the view of relatively dynamic development of electronic surveillance technologies and related ethical and legal issues at stake, this interest continues to this day. In the Czech Republic, electronically monitored house arrest was introduced in 2010. Somewhat oddly, the electronic surveillance system had not been implemented at the time. Yet, legislators and sanctions policy makers placed high hopes in this form of punishment. In particular, it was expected to significantly help combat the relentless hypertrophy of the prison population. But the expectations of sanction policy makers were not met due to the reluctance of the courts to impose house arrest. This had remained unchanged over the years, and opinions had begun to emerge that the state's failure to introduce electronic monitoring was primarily to blame. In 2019, electronic monitoring was eventually implemented, but the number of sentences imposed still did not increase. If the legislature's sanctions policy is not translated into practice, its aims cannot be achieved. For this to happen, it is essential that house arrest becomes more prevalent in the structure of sentences imposed. Increased application rates will not happen spontaneously; certain steps need to be taken to address the reasons for the current state of affairs and to mitigate factors that negatively affect application practice. For this purpose, such causes and negative factors must first be identified. This paper therefore examines the importance of electronic monitoring in terms of the application practice of house arrest in the Czech Republic, and the main reasons for not imposing house arrest. Building on these findings, it offers suggestions that would contribute to more frequent imposition of house arrest in appropriate cases.

The Legacy of Dr. Mohammad Mosaddeq

“Yes, my sin—my greater sin and even my greatest sin is that I nationalized Iran's oil industry and discarded the system of political and economic exploitation by the world's greatest empire. This at the cost to myself, my family; and at the risk of losing my life, my honor, and my property.” — Mohammad Mosaddeq at his tribunal, December 1953 In 2005, on a trip to Iran, I decided to go to Ahmadabad and take a video of the place. I had many reasons for doing so. One was for my own gratification; another was to honor my father. My father, Nosratollah Amini, was Prime Minister Mohammed Mosaddeq's personal attorney, and the only one besides the immediate family who had permission to visit him during his years of house arrest from 1956 until his death in 1967. Even Jawaharlal Nehru of India, who during a visit to Iran had asked to see him, was dissuaded from doing so. He was told that Mosaddeq was sick, which was not true.

Vladika bački Irinej i odnosi između Srpske pravoslavne crkve i države (1944–1955)

The aim of this paper is to examine the relationship between the Serbian Orthodox Church and the Yugoslav state in Vojvodina and Bačka in the context of the new communist regime’s treatment of the bishop of Bačka, Irinej Ćirić, from the time of the bishop’s liberation (1944) until his death (1955). Irinej was imprisoned under house arrest for 17 months shortly aft er the partisans captured Novi Sad due to his connections to the Hungarian occupation regime. Upon his release, he was attacked and beaten by a group of locals in Odžaci in 1946. This event, known as the ”Odžaci Affair”, was one of the contentious issues that burdened relations between the church and the state for a long time. The research also looks at how the Diocese of Bačka operated from 1944 to 1955, the attitudes of the clergy - who were closely monitored by the secret service and under pressure from the new authorities - and Irinej and his associates’ positions on certain political and ecclesiastical issues. It also examines at how these issues were resolved through mutual adaptation and a shift in the state’s attitude toward the church.

Status of Prisoners of War in the Contemporary World

The Third Geneva Convention is a global treaty that ensures humane treatment for prisoners of war (POWs) in contemporary conflicts. POWs are entitled to freedom of movement, protection from public curiosity, and protection from violence or intimidation. In non-international armed conflicts, captured insurgents are not considered POWs. However, their condition is equally deplorable. In 2018, Yemeni parties and the Arab Coalition Representative signed an agreement to exchange all prisoners, detainees, missing persons, arbitrarily detained, and those under house arrest. The Convention mandates equal treatment for all prisoners, including women. On the ground, the condition of the POWs is horrific, especially for the females who are subjected to sexual assault apart from undergoing other challenges for survival. This article provides a critique of the status of prisoners of war vis-à-vis the provisions of the Third Geneva Convention. A debate on the condition of POWs becomes even more imperative due to emerging scenarios attributed to armed conflicts in various parts of the world today.

ДОМАШНИЙ АРЕСТ: ПРОБЛЕМЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ

The article is devoted to topical issues of legal regulation of one of the preventive measures chosen only on the basis of a court decision – house arrest. The authors of the article, highlighting the advantages and disadvantages of house arrest, came to the conclusion that its legal regulation in general and the definition provided for in Part 1 of Article 107 of the Criminal Procedure Code of the Russian Federation in particular need to be changed. The use of the category “isolation from society” in determining this preventive measure not only does not correspond to the legal nature of house arrest, but also complicates its positioning as an alternative to detention, which it represented at the time of adoption of the CPC of the Russian Federation. The analysis of the concept of "isolation from society" conducted in the article showed that it was its inclusion in the definition of house arrest that changed the legal nature of the latter and led to the establishment of legal restrictions that are absent even in the most severe types of criminal punishment or preventive measures (inaccessibility of suspects or accused walks). The statistics presented in the article indicate the gradual loss of independent significance of house arrest and, as a result, a decrease in the proportion of its use. The authors propose to exclude the words “in isolation from society” from Part 1 of art. 107 of the Code of Criminal Procedure of the Russian Federation, which will subsequently lead to the need to review the legal restrictions imposed by this preventive measure, strengthen independence and increase the proportion of the use of house arrest in the arsenal of means available to law enforcement officers and the court.

Домашний арест: конкуренция с мерами пресечения, применяемыми по решению суда

Домашний арест: конкуренция с мерами пресечения, применяемыми по решению суда

DIARY OF GRAND DUCHESS XENIA ALEXANDROVNA IN THE WINTER OF 1917-1918

For the first time, the entire diary entries of Grand Duchess Xenia Alexandrovna from November 23 / December 6, 1917 to February 27 / March 11, 1918, made by her under house arrest in the Crimea on the estates of Ai-Todor and Dulber, are published. Since 2017 these Documents have been stored in the State Archive of the Russian Federation. Xenia Alexandrovna's notes from this period contain details of the daily life of representatives of the former imperial family during the establishment of Soviet power on the Crimean Peninsula, describe their attitude to the events taking place around them, reveal previously unknown facts and clarify the tragic pages of the post-revolutionary history of the House of Romanov.

Меры пресечения: проблемы правового регулирования и правоприменительной практики

The article examines the problems of legal regulation and the practice of applying preventive measures in modern Russian criminal proceedings. The article examines the issues of the essence of preventive measures, the criteria for their allocation in the system of coercive measures into a separate institution, as well as into separate types. Preventive measures in the form of house arrest and prohibition of certain actions are considered in the context of ensuring both public interests and private interests of persons against whom these preventive measures are applied: suspects, accused. The shortcomings of the legal regulation of these preventive measures in terms of ensuring certain rights and legitimate interests of these participants in criminal proceedings are noted. The authors come to the conclusion that the prohibition of the suspect (accused) to leave the premises is an integral part of house arrest and in this regard there is no need to establish it as an independent preventive measure; that the established approach in legislation should be preserved – the application of only one preventive measure to a person. It is proposed to include such a measure as "prohibition of certain actions" in the list of other measures of criminal procedural coercion. Currently, house arrest cannot become an alternative to detention due to the cumbersome mechanism of its election and application, on the one hand, and on the other, unlike detention, it is less effective in achieving the goals of applying preventive measures.

Некоторые вопросы применения мер пресечения в виде домашнего ареста и содержания под стражей в уголовном судопроизводстве

Учитывая действующее международное и национальное законодательство, направленное на урегулирование уголовно-процессуальных и уголовно-исполнительных отношений между участвующими субъектами в досудебном процессе, особое внимание уделено вопросу недопущения нарушений конституционных прав и свобод подозреваемого и подсудимого, которые находятся непосредственно под домашним арестом или содержанием под стражей. В этой связи проведен всесторонний анализ процедуры избрания мер пресечения в досудебном производстве в виде домашнего ареста и содержания под стражей органами уголовного преследования и следственным судьей в отношении подозреваемого, обвиняемого или подсудимого. Анализируя статистические показатели касательно избраний мер пресечения, в частности, домашнего ареста либо содержания под стражей, возникает процессуальная необходимость в применении альтернативной меры пресечения как содержание под стражей, которое объясняется рядом причин и условиями. В результате это позволит нам снизить нагрузку в пенитенциарной системе, сэкономить бюджетные средства, выделяемые на содержание подозреваемого, обвиняемого или подсудимого в следственном изоляторе, решить некоторые вопросы, связанные с социальной адаптацией в последующем. В данном направлении имеет место анализ действующего национального законодательства на уровне положений самого Уголовно-процессуального кодекса Республики Казахстан и соответственно Закона Республики Казахстан «О порядке и условиях содержания специальных помещений в специальных учреждениях, обеспечивающих временную изоляцию лиц от общества». Исходя из обобщения и всестороннего анализа действующих нормативных источников, учебно-методической и научной литературы, статистико-правовых подходов, в содержании статьи нашла отражение позиция авторов в части совершенствования уголовно-процессуальных механизмов применения мер пресечения, таких как домашний арест и содержание под стражей. Приведенные в статье предложения связаны, по мнению авторов, с разработкой конкретных процессуальных механизмов для развития меры пресечения, в частности, домашнего ареста в досудебном производстве Казахстана.

“Under House Arrest”: Mental Health and Minority Stress Experiences of LGBTQ+ Young Adults During the COVID-19 Pandemic in Europe

IntroductionIncreased rates of mental health issues among LGBTQ+ people have been reported during the COVID-19 pandemic, particularly among young people.MethodSemi-structured interviews were conducted in 2021 with 61 young adult LGBTQ+ people residing in France, Italy, Portugal, Sweden, and the UK. Each interview was summarized on a template covering the participants’ experiences of pandemic restrictions, mental health, and minority stress during this period. A thematic analysis was conducted on the templates.ResultsThe pandemic restrictions had a large impact on the participants’ lives, leaving them stuck at home. Not having access to the LGBTQ+ community was an additional stress, as this is a venue for support. Half of the participants had suffered from mental health issues during the pandemic. Those who were living in non-affirmative households had a particularly difficult time and experienced overwhelming stress. Increased feelings of gender dysphoria were seen among trans participants due to the lack of access to gender-affirming healthcare. Most participants experienced less distal minority stress than usual due to social isolation restrictions.ConclusionThe COVID-19 pandemic and the associated social restrictions had a large impact on the lives of LGBTQ+ young adults. Many experience worse mental health, although relief from distal minority stress was common.Policy ImplicationsPolicy makers must consider the needs of LGBTQ+ young adults as they seek to explore and establish their gender and/or sexual identity. During a pandemic, it is particularly important to help young LGBTQ+ people to engage with the LGBTQ+ community.

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

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.

Impact of COVID lockdown: Increased prevalence of symptomatic Vitamin D deficiency in adolescents

BackgroundDuring the COVID lockdown in India, which lasted for more than a year, all schools were closed and children were homebound. When the lockdown was lifted, we observed an increased prevalence of Vitamin D deficiency(VDD) in adolescents. We want to highlight the effect of home lockdown on adolescents, which can predispose such children to VDD. AimTo document the increased prevalence of symptomatic VDD in adolescents after COVID lockdown and to study the symptoms, biochemical abnormalities, and response to therapy in this subset. MethodsThis prospective observational study was done from November 2021 to May 2022 with a minimum follow-up of six months. InclusionsConsecutive children presenting with gait abnormalities, proximal myopathy, and pains, with documented VDD. Exclusion: Genetic, neuromuscular disorders, juvenile rheumatoid arthritis, chronic renal failure, thyroid disorders and those on anti-epileptic medications and vitamin D supplementation in the past 6 months were excluded from the study. We recorded the symptomatology, biochemical abnormalities, and muscle weakness and followed their improvement after Vitamin D and Calcium supplementation. ResultsA statistically significant increase in symptomatic VDD in adolescents, in six months post-lockdown was noted. Thirty-one adolescents between 9 to 14 years were studied. All cases were relieved of pain and muscle power normalized in 12 weeks. ConclusionProlonged house arrest may cause VDD in adolescents. Physicians should consider VDD in adolescents with myopathy and pain after pandemic lockdowns. Supplementation of Vitamin D and calcium resolves most symptoms except deformities. Follow-up is needed until growth spurt completion for recurrence of symptoms.

Guest Editor’s Note

The process of writing review articles originally materialized as a component of the student evaluation process during the final year of their research projects, coinciding with the closure of universities due to the COVID-19 pandemic. In these challenging times, final-year honors degree students dedicated themselves to extensive literature research from their homes. As the evaluation phase concluded, it became evident to the Chemistry department that several of the review articles had reached a remarkable level of quality, making them suitable for publication in a reputable scientific journal.
 Thus, the idea emerged to compile and publish these outstanding articles in a special edition of our esteemed journal, Current Scientia, formerly known as the Vidyodaya Journal of Science. This endeavor involved meticulous scrutiny and enhancement of both the content and coverage of the articles, a collaborative effort between the students and their dedicated supervisors. The contributions of the supervisors were invaluable in this process.
 Reflecting upon the circumstances, one might consider the period of house arrest during the pandemic as a blessing in disguise. It provided an opportunity for students and supervisors to invest more time and effort into refining their work. The synergy that emerged between them during this challenging time is truly commendable.
 With the publication of this special issue, we hope that it will set a new precedent and ignite the academic curiosity of scholars from various departments within the faculty. We aspire to encourage academics to craft their own high-quality review articles in their respective fields for potential publication in this journal in the future, fostering a culture of scholarly contribution and collaboration.
 Dr. Mahesh KarunarathneGuest EditorSpecial Issue Current Scientia (formerly Vidyodaya Journal of Science Special Issue)

Application of house arrest during martial state

The article examines the peculiarities of the use of house arrest during martial law. It was established that after the full-scale invasion of Russia into the territory of Ukraine, the frequency of the use of house arrest did not decrease, however, regulatory and legal changes were made to the specifics of the use and cancellation of house arrest under martial law. Such changes are related to the list of circumstances that the investigating judge, the court is obliged to take into account when choosing a preventive measure. It is offered to group the following additional circumstances into blocks: 1) related to the operational situation in the city where the person's home is located; 2) related to the military duty of the suspect, the accused and his possibility of military service; 3) related to the need to maintain and protect persons under the care of the suspect, the accused, etc.
 As a result of the analysis of court practice, it was found that courts often specify in the operative part of the court decision exceptional cases in which a person subject to house arrest can leave the home. It is argued that these exceptional cases are not mitigation of the conditions of house arrest and do not need to be specified in the court decision. It was established that in the event of a threat to the life and health of the suspect or the accused, or their family members, the latter may leave the home until the danger has passed. In other cases, if a person needs to leave the home, it is necessary to apply to the court with a corresponding petition.
 It was determined that in conditions of a blackout and in cases where a person under 24-hour house arrest lives in a house alone, a different preventive measure than house arrest should be used, due to its ineffectiveness.
 It has been proven that it is impractical to indicate in the decision on the application of house arrest the nearest shelters from the person's place of residence, to which the person can go in the event of an alarm. The investigating judge, the court during the consideration of the petition for the application of house arrest and the police officer who supervises compliance with the conditions of house arrest must explain in detail the right of the suspect or the accused to take personal security measures when there is a threat to his life and health.

HOUSE ARREST AS AN ALTERNATIVE TO PRISON SENTENCE IN MODERN GEORGIAN LAW (Evolution and Transformation)

This article is about house arrest, one of the types of non-custodial punishment in modern Georgian law, where the legal problems of using this benefit, provided by the law, are discussed, which is based on a deep analysis of practice and research of a number of scientific works. The importance of the topic was determined by the unfavorable state of the domestic legislation, the existence of a non-homogenous practice on the part of the court in relation to the “revision” of the decisions made by the local councils of the special penitentiary service, the incalculability of statistical data, as well as the great practical importance of the said topic in the process of both law-making and law enforcement, due to the paucity of modern Georgian legal literature regarding this concept. The aim of this article is to clarify the legal nature and the extent of house arrest, not only on the example of Georgia, but also on the example of some foreign countries, which will make the process of scientific research of the legal problems, of replacing the remaining sentence with house arrest, even more interesting and diverse. In addition, the article also aims to analyze the errors made in the applied practice and to develop scientifically based recommendations to eliminate the gaps in the rules regulating house arrest. The results of the theoretical/empirical research allow legal analysis to be made on the introduction/establishment of non-custodial punishment, which was previously unfamiliar to our country; to what extent the aforementioned legislative innovation was justified and what can be done for its further refinement/perfection, which is ultimately aimed to prohibit the usage of non-homogenous practice, regarding the use of the mentioned legal mechanism, on the part of both the decision-making body and the court. Historical, formal-logical, dogmatic, formal-legal, comparative-legal, descriptive and systematic methods were used to study the problem, posed in a separate chapter of the article. Furthermore, the data of legal statistics was used to study and generalize the practice of local councils, as well as the court, and the final part is devoted to the conclusive decrees obtained as a result of the study and scientific processing of the raised issues.