The Improvement of the Criminal Procedure Mechanism for Selecting and Applying a Measure of Restraint in the Form of Prohibition of Certain Actions
Year: 2024
Type: article
Abstract: Introduction: the court’s choice to prohibit certain actions corresponds to the general trend of humanization and liberalization of criminal procedure legislation and the more active application of measures of restraint not related to the detention of a person. The relevance of the issue of imposing prohibitions on certain actions in accordance with Art. 105.1 of the Criminal Procedure Code of the Russian Federation is also determined by the need to restrict the constitutionally significant rights and freedoms of citizens suspected or accused of crimes in order to create conditions for unhindered judicial proceedings, which are ensured by judicial control and other legal guarantees of fairness and proportionality of the chosen prohibitions. The purpose of the study is to eliminate doubts and ambiguities that arise when selecting and applying a prohibition on certain actions and to formulate proposals for improving the legal regulation of the measure of restraint in question. In the course of the study, such methods of cognition as formal legal in the form of studying the norms of law, specifically sociological and comparative law, were applied. Results: the paper formulates proposals to improve the criminal procedure mechanism for selecting and applying a prohibition on certain actions. Conclusions: the recommendations set out in the paper are aimed at developing uniform investigative and judicial practice and can be used in the educational process when teaching criminal procedure sciences, as well as in the practical activities of preliminary investigation officers, prosecutors, and courts.
Source: Legal Concept
Author: Marina Romashova
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4404012989