Problematic Aspects of the Use of Preventive Measures in Criminal Proceedings
( Pp. 42-46)
More about authors
Tembotov Ruslan Abdullahovich
Lecturer, Department of Law Enforcement Organization North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia, police captain
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
Abstract: It is difficult to overestimate the importance of the institution of preventive measures in the implementation of the goals and objectives of the criminal procedure legislation. Combining several functions at the same time, the application of measures of procedural influence on a person pursues goals aimed at protecting the interests of society and the state, expressed in the need to prevent, prevent and combat crime.
The absence of a legal interpretation of preventive measures causes the presence of many definitions in the doctrine. At the same time, the unanimity of opinions of scientists boils down to the fact that preventive measures are a kind of procedural measures and are associated with psychological, physical and other impact on the suspect and the accused, and in some cases, the restriction of fundamental human rights and freedoms. In this regard, the author substantiates the expediency of introducing a legal definition of a preventive measure or concretizing it in the definition of a specific measure.
The article is devoted to the consideration of the specifics of the application of preventive measures in criminal procedural legal relations. The author analyzes the purpose of the application of these measures, the functions performed by these measures, highlights the signs of preventive measures in criminal proceedings, as well as some problematic aspects of their application in the process of investigating criminal cases.
The absence of a legal interpretation of preventive measures causes the presence of many definitions in the doctrine. At the same time, the unanimity of opinions of scientists boils down to the fact that preventive measures are a kind of procedural measures and are associated with psychological, physical and other impact on the suspect and the accused, and in some cases, the restriction of fundamental human rights and freedoms. In this regard, the author substantiates the expediency of introducing a legal definition of a preventive measure or concretizing it in the definition of a specific measure.
The article is devoted to the consideration of the specifics of the application of preventive measures in criminal procedural legal relations. The author analyzes the purpose of the application of these measures, the functions performed by these measures, highlights the signs of preventive measures in criminal proceedings, as well as some problematic aspects of their application in the process of investigating criminal cases.
How to Cite:
Tembotov R.A. Problematic Aspects of the Use of Preventive Measures in Criminal Proceedings // Gaps in Russian Legislation. 2023. Vol. 16. №4. Pp. 042-046. (in Russ.). EDN: HSFUYM
Reference list:
Barabash A.S. Goals and grounds for choosing a measure of restraint in criminal proceedings // Actual problems of Russian law. 2015. No. 12.
Enikeev Z.D. Measures of procedural coercion in the system of means of prosecution and defense. Ufa, 1978.
Kankulov A.Kh. Problems of applying the prohibition of certain actions as a new measure of restraint in Russian criminal proceedings // Gaps in Russian legislation. 2020. Vol. 13. No. 4.
Reznik G.M. Criminal procedure law of the Russian Federation. M., 2019.
Rogava I.G. Actual problems of the application of preventive measures in criminal proceedings // International Journal of the Humanities and Natural Sciences. 2019. No. 1-2.
Romashova M.V. Issues of the application of preventive measures in criminal proceedings // Young scientist. 2019. No. 4 (242).
Semelkina P.D. Bail as a preventive measure // Young scientist. 2021. No. 15 (357).
Simagina N.A. Measures of restraint in criminal proceedings // Investigation of crimes: problems and ways to solve them. 2019. No. 3 (25).
Smirnova O.V., Yanin M.G. Definition of the concept of "preventive measure" in the criminal process // Bulletin of the Chelyabinsk State University. Series: Law. 2020. No. 2.
Surtsev A.V., Shapov E.S. Prohibition of certain actions in criminal proceedings // Gaps in Russian legislation. 2022. Vol. 15. No. 4.
Enikeev Z.D. Measures of procedural coercion in the system of means of prosecution and defense. Ufa, 1978.
Kankulov A.Kh. Problems of applying the prohibition of certain actions as a new measure of restraint in Russian criminal proceedings // Gaps in Russian legislation. 2020. Vol. 13. No. 4.
Reznik G.M. Criminal procedure law of the Russian Federation. M., 2019.
Rogava I.G. Actual problems of the application of preventive measures in criminal proceedings // International Journal of the Humanities and Natural Sciences. 2019. No. 1-2.
Romashova M.V. Issues of the application of preventive measures in criminal proceedings // Young scientist. 2019. No. 4 (242).
Semelkina P.D. Bail as a preventive measure // Young scientist. 2021. No. 15 (357).
Simagina N.A. Measures of restraint in criminal proceedings // Investigation of crimes: problems and ways to solve them. 2019. No. 3 (25).
Smirnova O.V., Yanin M.G. Definition of the concept of "preventive measure" in the criminal process // Bulletin of the Chelyabinsk State University. Series: Law. 2020. No. 2.
Surtsev A.V., Shapov E.S. Prohibition of certain actions in criminal proceedings // Gaps in Russian legislation. 2022. Vol. 15. No. 4.
Keywords:
preventive measures, state coercion, coercive influence, prohibition of certain actions, detention, house arrest..
Related Articles
public law (state law) Pages: 27-31 Issue №47997
Constitutional Guarantees of a Deputy of a Representative Body of a Municipal Formation when Bringing to Liability
deputy of the local government
guarantees of deputy activity
bringing to criminal liability
detention
arrest
Show more
12. Civil procedure arbitration procedure Pages: 203-208 Issue №13916
GENERAL THEORETICAL, CONCEPTUAL AND LEGISLATIVE DEFINITION OF THE CONCEPTS OF CIVIL LIABILITY AND LEGAL SANCTIONS
damage
harm and loss
civil liability
legal sanctions
restoration of violated rights
Show more
7. CRIMINAL LAW, PENAL LAW, CRIMINOLOGY (12.00.08) Pages: 170-173 Issue №18617
Topical issues of prevention of female crime in Russia
female crime
the spread of unlawful behavior
crime prevention
preventive measures
law enforcement
Show more
3. GENERAL THEORETICAL, CRIMINAL-LEGAL AND OTHER PROBLEMS OF COUNTERING EXTREMISM AND TERRORISM. PROBLEMS OF PREVENTING EXTREMISM AND TERRORISM Pages: 169-176 Issue №21338
About Some Methods for Recruiting Youth to Terrorism Organizations
terrorism
recruiters
programming
narrowing of consciousness
preventive measures
Show more
7. Criminal law and criminology; Criminal enforcement law Pages: 147-150 Issue №15895
SYSTEM OF PUNISHMENTS AS SUBSYSTEM OF MEASURES OF CRIMINAL LEGAL INFLUENCE
criminal law
state coercion
criminal law influence
punishment system
criminal punishment
Show more
CRIMINAL LAW (5.1.4.) Pages: 186-192 Issue №24238
On the Issue of Countering the Involvement of Young People in Extremist Groups
terrorist organizations
extremist organizations
preventive measures
youth
teachers
Show more
3. CRIMINAL, CRIMINOLOGICAL, ADMINISTRATIVE AND OTHER MEASURES FOR COUNTERING CRIME IN CONTEMPORARY CONDITIONS Pages: 176-179 Issue №21729
Criminal and Criminological Aspects of Hostage-Taking
hostage-taking
detention
terrorism
completed crime
institution of hostage-taking
Show more
Criminal law Pages: 223-227 Issue №23832
On Guarantees of the Right to Freedom and Personal Inviolability of a Lawyer
lawyer
special procedure of criminal proceedings
preventive measure
detention
personal inviolability
Show more
4. CRIMINAL LAW (5.1.4.) Pages: 226-228 Issue №22457
Measures to Prevent Illegal Logging of Forest Plantations: Foreign Experience
illegal logging
law
timber
warning
violation
Show more
5.2.6. MANAGEMENT Pages: 212-217 Issue №20468
Assessment of Financial Stability and Independence in the Audit of Management Effectiveness
control
audit
financial stability
financial independence
stability of the financial system
Show more