THE PROBLEM OF THE APPLICATION OF THE PROHIBITION OF CERTAIN ACTIONS AS A PREVENTIVE MEASURE

Sidorov Iaroslav Yurievich

Summing up, we note that the prohibition of certain actions for Russian legislation is a relatively new measure of restraint, the objective need for the introduction of which is due to the fact that not for all types of socially dangerous acts committed, as well as not for all participants in the criminal process, it is necessary to introduce strict preventive measures. In addition, the introduction of a ban on the implementation of certain actions has made it possible to really reduce the number of cases of compensation for harm related to violation of personal rights during detention in the absence of grounds. At the same time, the implementation of such a preventive measure as a ban on certain actions is associated with the presence of practical problems. In the context of this study, the most interesting of the practical problems was the problem of the impossibility of objective control over the execution of the prohibitions imposed by the court. At the same time, the impossibility of objective control is associated with two main factors: the lack of technical means of monitoring individual prohibitions and the specifics of judicial acts in which, in violation of the provisions of criminal law legislation, the conditions for the application of prohibitions are not specified. And if the solution to the problem associated with the impossibility of objective control is related to the need to search and develop more effective technical means of control, then solving the problem of the content of judicial acts is possible only by strengthening judicial control, which is very difficult in the existing conditions, since it creates an additional burden on judicial authorities.

Keywords:prohibition of certain actions, suspect, accused, impossibility of control, conscientious observance of prohibitions