Standards of legal validity of imposing house arrest

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The article discusses the problematic aspects of accounting and understanding by the law enforcement officer of the procedural grounds for imposing a preventive measure in the form of detention and the circumstances taken into account when choosing it. The dialectical approach using general and special methods of scientific knowledge is the methodological basis of the study, the current legislation of the Russian Federation, materials summarizing judicial practice, statistical data on the activities of the courts serve as an empirical basis for the study. The article analyzes the current legislation, examines the Russian law enforcement practice of the European Court of Human Rights, the issue of the validity of the grounds for imposing house arrest from the standpoint of fundamental principles is investigated. Based on the conducted research, the author comes to conclusions about the reasons for non-compliance with the standards under consideration by the preliminary investigation bodies, and proposals for optimizing the humanistic foundations in the analyzed measure of restraint are outlined.

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Preventive measures, house arrest, validity of imposing a preventive measure, grounds for imposing a preventive measure, criteria of legality and validity

Короткий адрес: https://sciup.org/147237775

IDR: 147237775   |   DOI: 10.14529/law220207

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