PROHIBITION OF CERTAIN ACTIONS AS A PREVENTIVE MEASURE

Author(s): Maltseva S.N.

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

DOI: 10.21777/2587-9472-2023-2-43-48

Release: 2023-2 (38)

Pages: 43-48

Keywords: preventive measure, house arrest, prohibition of certain actions, criminal procedural law

Annotation: The article is devoted to the consideration of the essence and legal nature of the legislative novelty of Russian law – the prohibition of certain actions. The author of the article refers to related categories and other preventive measures implemented in criminal practice. In addition the article contains an analysis of the problematic aspects of the application of the considered preventive measure. Among the problems identified are the problem of monitoring the fulfillment of the conditions of the ban, the expediency of a ban on the use of the Internet information and telecommunications network, duplication of the rules governing house arrest and a ban on leaving the place of residence, and so on. An assessment is given of the correlation of this preventive measure with the constitutional principle of proportionality of the restriction of the rights and freedom of a person and a citizen. Nevertheless, despite the shortcomings identified, the emergence in the domestic criminal procedure law of such a measure of restraint as “prohibition of certain actions” is considered by the author as a natural step towards the humanization of criminal procedure legislation and increasing the efficiency of legal proceedings.

Bibliography: Maltseva S.N. PROHIBITION OF CERTAIN ACTIONS AS A PREVENTIVE MEASURE // Journal of Legal Sciences. – 2023. – № 2 (38). – С. 43-48. doi: 10.21777/2587-9472-2023-2-43-48