“Reasonable suspection” as a condition for electing a measure of prestression by the court

The purpose of this article is to study the legal essence of “reasonable suspicion” through the study of its key features. In this article, “the validity of suspicion” is considered as a necessary condition for the election of the court of these preventive measures that significantly affect the constitutional rights of the individual. The absence of this condition in the current Criminal Procedure Code is noted. It is noted that gaps in the understanding of this concept are filled with scientific approaches and legal regulations of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. Considering the validity of suspicion as a general and necessary condition for the election of a preventive measure, the author points out that if the law enforcement officer did not confirm and (or) did not check the existence of such a condition by examining sufficient facts reliably and objectively proving the involvement of a person in the committed crime, then there is no reason to choose a preventive measure against the accused (suspect). The objectives of the study are to analyze theoretical provisions and law enforcement practice (materials of pre-trial proceedings) on the issues of verifying the validity of suspicion. Based on the conducted research and analysis of law enforcement practice, the author focuses on checking the validity of suspicion as a necessary condition for choosing a preventive measure, including as a guarantee of the constitutional rights of the individual.