Election of a preventive measure against a suspect: a practice that restricts the exercise of the right to defense

Purpose: Research of the practice of applying a preventive measure to a suspect and the problems that arise in connection with this. Methodology: Formal legal methods were used. Results: The article discusses the practice of choosing a preventive measure against a suspect in the manner provided for in Art. 100 of the Code of Criminal Procedure. It is established that this practice in a number of cases leads to the illegal and unreasonable application of the above measures. In addition, it was concluded that the application of these measures to the suspect results in untimely involvement of the person as the accused, which in turn restricts the exercise of the citizen’s right to defense. Based on the research, proposals have been made to improve the current criminal procedural legislation of the Russian Federation. Novelty/originality/value: The article has a scientific value and practical value, since it is one of the first attempts to consider the practice of applying preventive measures to a suspect from the point of view of exercising the right to defense.