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Pledge and House Arrest as Judicial Restraint: Theory, Legislation, Practice

Student: Tamara Loginova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

The paper presents a study of bail and house arrest as measures of the procedural coercion. Despite the fact that these measures of restraint restrict the constitutional rights of citizens, the legislator pay them little attention. The work focused on legislative gaps in the regulation of such measures. One of the main features of the work is that we offer specific articles (de lege ferenda proposal), which will significantly increase the use of these judicial restraints. The study includes a review of existing criteria that should be considered by judges making decisions to elect a preventive measure. The result of the work is the improved norms of the Criminal Procedure Code, which are expected to reduce the abuse of the judges. It is also assumed that innovations will increase the use of these measures in practice. Key words: bail, pledge, house arrest, judicial restraint, the Criminal Procedure Code of the Russian Federation

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