The existence of criminal proceedings regarding an act prohibited by the Criminal Code of the Russian Federation as a general condition for the application of preventive measures

There is no clear indication in the Criminal Procedure Code of the Russian Federation that preventive measures should be applied only after the initiation of a criminal case. At the same time, the initiated preliminary investigation may be suspended, terminated, or resumed. The same decisions are provided for in court proceedings. After the entry of the court sentence into legal force, «exceptional» stages (proceedings) may occur, in which there is again a need to return to the issue of the use of coercive measures. In this regard, the authors come to the conclusion that not so much the initiation of a criminal case, as the existence of procedural proceedings on an act prohibited by the Criminal Code of the Russian Federation, is a condition that allows the use of preventive measures.