Concept of coercive criminal procedure measures and their types

Coercive measures are used as a means of ensuring that participants in legal proceedings exercise their legal obligations. They must correspond to the tasks set by the person conducting the proceedings, when applied. At the same time, certain constitutional rights of citizens may be subject to restriction during the course of legal proceedings, which dictates the need for a scientific analysis of such actions and determines the importance and relevance of research in this area. Maintaining the necessary balance between the objectives of the criminal process and the rights of citizens is the primary goal of the law enforcement. The Criminal Procedure Law allows you to choose just such a measure of restricting the rights and freedoms of the person, which is most adequately correlated with the objectives of the criminal process in a particular criminal case. The author sets as his goal in the presented article the disclosure of the concept of “measures of criminal procedural coercion”, an explanation of the meaning of these measures, as well as the grounds and procedure for their application. The author’s attention is focused on the most correct and complete definition of the term “procedural coercion measures”, understanding the nature of procedural coercion as one of the methods of state administration, as well as differentiation of specific types of procedural coercion such as detention, preventive measures, and other measures of procedural coercion. The author cites and analyzes the views of scientist-processualists, explaining the grounds and goals of using the measures of criminal procedure coercion investigated in the article, as well as the problems and methods of resolving them for successful application in criminal procedure. In his work, the author concludes that there is a need for a clear legislative consolidation of the concept of measures of criminal procedural coercion and offers his own wording based on accumulated scientific knowledge in this area. The author believes that measures of procedural coercion as an integral part of state functions are called upon to implement the rule of law not only in terms of educational nature, but also in order to ensure the proper conduct of participants in the process.

criminal proceedings, measures of criminal procedural coercion, measures of restraint, criminal case, detention