Problems of Determining the Terms of Application of Preventive Measures in Criminal Proceedings
https://doi.org/10.25205/2542-0410-2025-21-2-88-95
Abstract
The article examines the main problems associated with the legislative definition of the terms of application of preventive measures in criminal proceedings. The maximum terms of application of the ban on certain actions, bail, house arrest and terms of detention are analyzed in detail. Based on the analysis, amendments to the criminal procedure legislation are proposed related to the specification of the terms of application of preventive measures during the investigation of a criminal case in the form of an inquiry; the establishment of terms of application of all prohibitions on certain actions; the consolidation in the law of the maximum terms of application of bail; the definition of specific periods of time for which the application of preventive measures can be extended upon expiration of the maximum terms.
About the Author
M. E. Nekhoroshikh
Novosibirsk State University of Economics and Management
Russian Federation
Russian Federation
Mikhail E. Nekhoroshikh, PhD in Law,
Novosibirsk.
References
1. Nikolyuk V. V. New rules for counting the time spent in custody, isolation from society when applying preventive measures in the form of house arrest, prohibition of certain actions towards the term of punishment. Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia, 2018, no. 4 (87), pp. 112–121. (in Russ.)
2. Fedyukina A. Yu., Gorkina E. V. Selection of preventive measures against a suspect: problems of theory and practice. Bulletin of the Academy of the Investigative Committee of the Russian Federation, 2020, no. 4 (26), pp. 79–82. (in Russ.)
3. Popova I. P., Vastyanova O. D. Prohibition of certain actions: current issues. Siberian criminal procedure and forensic readings, 2019, no. 2 (24), pp. 79–84. (in Russ.)
4. Zheleva O. V., Tkach A. S. Some problems of calculating and counting the period of prohibition of certain actions in the period of house arrest, detention and imprisonmen. Bulletin of Tomsk State University. Law, 2022, no. 45, pp. 50–65. (in Russ.)
5. Gorkina E. V., Popova L. V., Kolbasina E. E. Bail as a preventive measure: analysis of problems and possibilities for their solution. Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia, 2023, no. 4 (67), pp. 81–87. (in Russ.)
6. On the refusal to accept for consideration the complaint of citizen Maksim Viktorovich Tarkhanov regarding the violation of his constitutional rights by Articles 110 and 255 of the Criminal Procedure Code of the Russian Federation: Determination of the Constitutional Court of the Russian Federation of 18.07.2024 No. 2039-O // Official website of the Constitutional Court of the Russian Federation. URL: http://doc.ksrf.ru/decision/KSRFDecision782555.pdf (date accessed: 20.02.2025). (in Russ.)
7. Kalinovsky K. B. The period of house arrest in judicial stages is established by analog. Criminal Procedure, 2024, no. 11 (239), p. 11. (in Russ.)
8. Sedelnikov P. V., Korobkova E. E. The prosecutor received new powers. Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2019, no. 1 (34), pp. 13–21. (in Russ.)
Review
For citations:
Nekhoroshikh M.E. Problems of Determining the Terms of Application of Preventive Measures in Criminal Proceedings. Juridical science and practice. 2025;21(2):88-95. (In Russ.) https://doi.org/10.25205/2542-0410-2025-21-2-88-95
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