The Prohibition of Certain Actions in Criminal Proceedings
( Pp. 34-38)

The purpose of this article is to consider the prohibition of certain actions in criminal proceedings and to assess the feasibility of its application in modern conditions. This measure of restraint is relatively new, but a fairly large number of legal scholars have been studying its effectiveness. Among them, such famous figures as A.R. Belkin, A.A. Ratanov, N.N. Apostolova and others. In their works, these authors pointed out a rather serious similarity with such a measure of restraint as house arrest, and expressed some misunderstanding about the expediency of separating this prohibition into a separate type. The objectives of the study are to determine the list of prohibitions proposed by this preventive measure, and technical and technical control over their compliance, identifying problems and ways to solve them. Conclusions: Conclusions: Despite the fact that in some cases the introduction of a new measure of restraint in the form of a ban on certain actions has found its positive application, however, a fairly large number of researchers note the formality of the new measure, as well as the difficulty of distinguishing one type of restraint from another. An unambiguous problem is the conditional controllability of compliance with such prohibitions, since, for example, the ban on sending and receiving mail messages cannot be tracked, since you can simply ask someone to send a letter, and even the seizure of postal and telegraph correspondence cannot always solve this problem, since even registered letters are sent in offices without presenting a passport, to in addition, there is also no technical possibility to track those who do not have the right to do so. The ban on using mobile communications, with the exception of contacting emergency services, is also not completely fair, since it excludes the possibility of the accused to contact his lawyer, which is a violation of the constitutional right of any citizen to qualified legal assistance. The ban on using the Internet is also, in the author's opinion, insufficiently regulated, since the accused (suspect) can live with family members who have not been subjected to such a ban, and carry out these manipulations for him. Thus, we believe that it is necessary to clearly regulate the places prohibited for visiting by the person to whom the prohibition of certain actions has been applied, to provide a legitimate opportunity to communicate with the defender via cellular communication.

Surtsev A.V., Shalov E.S., (2022), THE PROHIBITION OF CERTAIN ACTIONS IN CRIMINAL PROCEEDINGS. Gaps in Russian Legislation, 4 => 34-38.

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prohibition of certain actions, preventive measure, problems, control, criminal proceedings, suspect, accused.