HOUSE ARREST: THE CONCEPT AND LEGAL NATURE

Author(s): Geranin V.V., Maltseva S.N.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2023-4-30-35

Release: 2023-4 (40)

Pages: 30-35

Keywords: criminal process, house arrest, preventive measures, legal nature, criminal procedure relations

Annotation: The return of house arrest to the sphere of criminal procedural activity caused a surge of interest in this measure of restraint on the part of not only law enforcement officers, but also scientists. According to the developers of the Criminal Procedure Code of the Russian Federation, house arrest was conceived as a reasonable alternative to detention: the legal restrictions inherent in it allow achieving similar goals, while, on the one hand, implementing the principle of economy of repression, on the other hand, spending significantly less material and financial costs, rationally using human resources. At the initial stage of application, house arrest was not alien to shortcomings and gaps both in the legal regulation of this measure of procedural coercion (11 amendments and additions were made to Article 107 of the Criminal Procedure Code of the Russian Federation) and repeated attempts by scientists to understand its legal nature more deeply. The authors of this work present their vision of the essence of the considered procedural institution from the standpoint of the theory of law.

Bibliography: Geranin V.V., Maltseva S.N. HOUSE ARREST: THE CONCEPT AND LEGAL NATURE // Journal of Legal Sciences. – 2023. – № 4 (40). – С. 30-35. doi: 10.21777/2587-9472-2023-4-30-35