Prohibition of Certain Actions in the System of Preventive Measures Beaten by Court Order

The graduate qualification work is devoted to the institution of preventive measures against those elected by court decision. The institution of preventive measures is of great importance for the theory and practice of criminal proceedings, since its application directly affects human rights guaranteed by the Constitution of the Russian Federation. The paper looks at the current system of preventive measures elected by court decision, which includes detention, house arrest, bail, and - a recently introduced new preventive measure - prohibition of certain actions. The ban on certain actions in the system of preventive measures has been in place since April 2018 in response to years of criticism by researchers and members of the public, in particular regarding the allegedly unreasonably large number of court decisions on the use of detention on the one hand, and "inhuman" conditions of detention on the other. As a result, we have received a measure of restraint not related to isolation from society at first sight. At the same time, the legislator believed that this measure would be an alternative to detention and house arrest, and would also make it possible to significantly reduce spending from the federal budget. The work examined the criminal procedural legal relations arising with regard to the application of preventive measures by court decision, including their legal regulation, the judicial practice within them, as well as their statistical characteristics. On the basis of the data obtained, it can be argued that the prohibition of certain actions has the "right to life" in the system of preventive measures, but it needs significant adjustments and clarifications at the legislative level. It is also necessary to develop a formula and criteria for the proportional application of restrictions provided for in Part 6 of Article 105.1 of the Code of Criminal Procedure of the Russian Federation with respect to the incriminated act of an offender, in order to achieve a balance of interests of both parties to criminal proceedings. Such a system of calculation would allow the law enforcer to achieve the goals of criminal proceedings without violating the rights of a suspect or an accused.