The delineation of the prohibitions established in regard with the use of pre-trial constraints, the purposes of administrative supervision, use of punishment in the form of restriction of freedom
Автор: Vastyanova Olesya Dmitrievna
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Рубрика: Уголовный процесс
Статья в выпуске: 1 (17), 2021 года.
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The article analyzes the peculiarities of choosing and applying pre-trial constraints as a prohibition of certain actions, administrative supervision and punishment in the form of restriction of freedom. The author notes similarities of legislative nature of identified prohibitions and restrictions regulated by the Russian code of criminal procedure, the Russian penal enforcement code, the Russian criminal code. The characteristic differences in the execution of restrictions due to the conditions, grounds and purposes of choosing pre-trial constraints as a prohibition of certain actions, administrative supervision and punishment in the form of restriction of freedom are systematized, which also affects the specific legal consequences of their violation. General problems related to the implementation of control over the application of these measures are considered. The author provides statistics. Particular attention is paid to the analysis of the reasons for the low efficiency and regularity of the election of administrative supervision and preventive measures in the form of a ban on certain actions. The conclusion about the need for legislative revision of the legal norms regulating the execution of a preventive measure in the form of a ban on certain actions, administrative supervision and punishment in the form of restriction of freedom is reached.
Effectiveness of the pre-trial constraints, control over prohibitions and restrictions, prohibition of certain actions, administrative supervision, penalty of deprivation of liberty
Короткий адрес: https://sciup.org/143174460
IDR: 143174460 | DOI: 10.24412/2587-9820-2021-1-186-193