Problems and Further Prospects of Applying a Preventive Measure in the Form of a Ban on Certain Actions
Year: 2024
Type: article
Abstract: The prohibition of certain actions as a preventive measure was introduced into the practice of criminal proceedings in 2018 to reduce the use of detention as a preventive measure, since bail, as an alternative measure, did not have the expected effect due to the complexity of the application procedure and the need to find material means for its application. To date, there has been a discussion in the doctrine of the science of criminal procedure about the independence and expediency of applying a preventive measure in the form of a ban on certain actions. The issue of the limits of the establishment of prohibitions, control over their implementation and the prospect of their improvement is particularly relevant. The authors of the article analyzed the problematic aspects of the application of a preventive measure in the form of a ban on certain actions. It has been established that to date, the issues and problems of monitoring the person against whom a ban on certain actions is being established have not been resolved, since in fact many restrictions imply their conscientious execution. Questions are also raised by the actual lack of opportunities for controlling persons to monitor compliance with the prohibitions imposed on the accused (suspect). The authors of the article investigate these problems and propose control measures that would make it possible to increase the effectiveness of banning certain actions as a preventive measure, in particular, the establishment of a supervisory authority regarding the prohibition of driving a vehicle, some organizational and legal measures are proposed that will improve control over the execution of the ban on leaving a residential premises.
Source: Baikal Research Journal
Authors: Maryam Bufetova, Svetlana Lukoshkina
Institution: Baikal State University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411431435