Banning certain actions: a step forward

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Introduction: the article provides a legal analysis of one of the types of preventive measures in Russian legislation - the prohibition of certain actions. Materials and Methods: general scientific methodological approach was used in the preparation of the article, while private scientific methods (analysis, synthesis, generalization, dialectics) and special methods (legal - technical and comparative-legal) were used in the research process. Results: based on the study, the author came to the conclusion that the mildest of the list of judicial measures of restraint is the prohibition of certain actions. This measure ensures individual freedom, is consistent with generally recognized norms of international law, increases the effectiveness of criminal prosecution, saves budget funds, and serves as a prerequisite for further humanization of Russian criminal procedure legislation. The identified legislative gap in the form of the absence of an indication in part 8 of Art. 105.1 the Code of Criminal Procedure of the Russian Federation and other normative legal acts on the right of a suspect/accused to use means of communication and the Internet for the purpose of communicating with a defense lawyer are proposed to be filled in by making appropriate additions to these normative legal acts. Discussions and Сconclusions: based on the results of scientific analysis, the author came to the conclusion that it is necessary to apply the preventive measure under study more widely in investigative and judicial practice in order to reduce the quantitative indicators of the use of alternative measures, which implies the need for further research in the chosen direction.

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Suspect, accused, certain actions, prohibition, balance of interests, petition, accusatory bias, humanization, defender

Короткий адрес: https://sciup.org/142225428

IDR: 142225428   |   DOI: 10.37973/KUI.2020.68.12.018

Статья научная