The model of normative regulation of preventive measures acting in criminal proceedings and in criminal enforcement proceedings (in the development of the scientific approach of the honored scientist of the Russian Federation, doctor of law, professor V. V. Nikolyuk)

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Introduction: in the researches of V. V. Nikolyuk, a scientific approach is indicated. According to which the criminal procedure Institute of preventive measures “serves” the central, main production in criminal proceedings - the investigation and judicial review of a criminal case and does not apply to Chapter 47 of the Criminal Procedure Code of the Russian Federation. There is a need for more thorough legal regulation of coercive means applied to convicted persons who evade serving their sentence. Materials and methods: the article analyzes the scientific works of V. V. Nikolyuk were devoted to coercive measures in criminal enforcement proceedings, as well as the works of other authors on related topics; logical and systematic research methods, as well as methods of analysis, description and generalization are used. Results of the study: in the development of the scientific approach of Vyacheslav Vladimirovich, a model of normative regulation of preventive measures acting in criminal proceedings and in criminal enforcement proceedings is proposed. Findings and conclusions: both in the main criminal proceedings and in special additional criminal enforcement proceedings, the measures of procedural coercion have a single purpose - they are used to ensure the execution of the final court decision concerning punishment or other measures of a criminal legal nature. This approach assumes a normative convergence of preventive measures operating in various criminal procedural proceedings. In a generalized form, the model of legal regulation of preventive measures assumes the regulation of this institution in the General and Special parts of the Code.

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Measures of procedural coercion, preventive measures, criminal and executive proceedings, regulatory regulation, structure of the criminal procedure code, general and special parts of the code

Короткий адрес: https://sciup.org/143178184

IDR: 143178184   |   DOI: 10.24412/2312-3184-2021-3-145-155

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