The main practical difficulties in applying the institution of the prohibition of certain actions in criminal proceedings
Автор: Elizarova Alina Dubarisovna
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовный процесс, ОРД и криминалистика
Статья в выпуске: 1 (47) т.13, 2022 года.
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Introduction: the article discusses the main practical difficulties that appeared during the implementation process of the institute of prohibition of certain actions into the Russian legal reality. The author analyzes these challenges in order to answer the question of the need for the existence of the institution of prohibition of certain actions in general. Materials and Methods: the methodological basis of the study was the dialectical method of scientific knowledge, historical, logical, as well as observation and other particular methods of studying legal phenomena. Judicial review and judicial statistics became the empirics of the article. Results: the author gave the answers on potentially significant due to theory and practice questions: what prohibitions are mostly applied in criminal proceedings? Can this measure really fulfill the functions of adequately preventing a person from evading investigation and trial? Is the prohibition of certain acts also aimed at protecting the rights of the victim, witnesses, etc.? Discussion and Conclusions: the author comes to the conclusion that the prohibition of certain actions in criminal proceedings can indeed perform the functions of adequately preventing a person from evading investigation and trial. At the moment, there are some practical difficulties in the application of this institution, which, however, do not indicate the absence of a practical need for the existence of these preventive measures.
Prohibition of certain actions, preventive measure, arrest, pledge, detention, criminal justice
Короткий адрес: https://sciup.org/142234310
IDR: 142234310