Individualization of the preventive measures application: old problems and new analogies

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The problems of applying preventive measures are relevant for the science and practice of the criminal procedure. Based on Z.D. Enikeev’s opinion, expressed about 30 years ago, the author observes the evolution of normative regulation and law enforcement positions regarding the choice of the most severe measure of restraint - detention. Despite the adoption of the Code of Criminal Procedure of 2001 and the extension of international standards of justice to the domestic criminal procedure, there are still problems relating to the application of preventive measures to the principle of the presumption of innocence. This is particularly evident in contrast to the interim measures taken in a civil lawsuit.

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Criminal procedure, preventive measures, detention, presumption of innocence, justice

Короткий адрес: https://sciup.org/142235571

IDR: 142235571   |   DOI: 10.33184/vest-law-bsu-2022.15.12

Статья научная