Модель нормативного регулирования мер пресечения, действующих при производстве по уголовному делу и в уголовно-исполнительном судопроизводстве (в развитие научного подхода заслуженного деятеля науки Российской Федерации доктора юридических наук, профессора В.В. Николюка)

Introduction: in the researches of V. V. Nikolyuk, a scientific approach is indicated. According to which the criminal procedure Institute of preventive measures “serves” the central, main production in criminal proceedings - the investigation and judicial review of a criminal case and does not apply to Chapter 47 of the Criminal Procedure Code of the Russian Federation. There is a need for more thorough legal regulation of coercive means applied to convicted persons who evade serving their sentence. Materials and methods: the article analyzes the scientific works of V. V. Nikolyuk were devoted to coercive measures in criminal enforcement proceedings, as well as the works of other authors on related topics; logical and systematic research methods, as well as methods of analysis, description and generalization are used. Results of the study: in the development of the scientific approach of Vyacheslav Vladimirovich, a model of normative regulation of preventive measures acting in criminal proceedings and in criminal enforcement proceedings is proposed. Findings and conclusions: both in the main criminal proceedings and in special additional criminal enforcement proceedings, the measures of procedural coercion have a single purpose - they are used to ensure the execution of the final court decision concerning punishment or other measures of a criminal legal nature. This approach assumes a normative convergence of preventive measures operating in various criminal procedural proceedings. In a generalized form, the model of legal regulation of preventive measures assumes the regulation of this institution in the General and Special parts of the Code.