International practice of applying house arrest

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The principle of respect for the rights and freedoms of the individual is one of the fundamental guiding principles of modern criminal justice in international practice. The need to comply with it, in turn, implies the need for certainty of the grounds for ensuring these fundamental constitutional values, in connection with which, when determining procedural coercion, it is necessary to take into account the content of legal restrictions, the imposition of which entails the use of a particular measure of restraint or another measure of procedural coercion. The level of development of such an institution as house arrest varies in all countries. Each country has its own characteristics. According to the results of the research conducted in the framework of this work, it becomes possible to formulate that this measure of restraint restricts a number of constitutional human and civil rights, primarily the right to freedom of movement, in connection with which its application is allowed only on the basis of a court decision.

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House arrest, preventive measure, criminal procedure law, legal regulation, international practice

Короткий адрес: https://sciup.org/170188789

IDR: 170188789   |   DOI: 10.24412/2500-1000-2021-4-4-170-174

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