Preventive measures connected with limitation of constitutional rights and freedoms: legislative improvement is required

The author argues that not only the prohibition of certain actions, bail, house arrest and detention, but also a written undertaking not to leave the place and looking after a minor suspect \ the accused are characterized by restrictions of the constitutional rights and freedoms of a person; therefore, a judicial decision is required for their selection within the preliminary investigation. Taking into consideretion that the court is not a party of the defense or the prosecution, all its actions are legitimate for selection of preventive measures, related to these restrictions. Based on the analysis of the proceduralists’ points of view and the experience of foreign legislation, the author proves the necessity for creation an institution of specialized (investigative) judges, competent to make decisions on the implementation of preventive measures.