Theoretical and Practical Problems of Application of the Ban of Certain Actions in the Russian Criminal Process

Banning certain actions is a new and rarely used preventive measure. At the same time, high growth rates (in 2020 + 48% against last year's indicators) give hope for expanding the scope of its application. The authors propose a number of directions for improving legal regulation and the practice of applying the prohibition of certain actions. First, to fix in part 8 of Art. 105.1 of the Code of Criminal Procedure of the Russian Federation the right of the accused, to whom the prohibition of certain actions is applied, to unimpeded receipt of legal assistance from a defense lawyer. Secondly, the problem of unmotivated imposition on the accused of certain restrictions stipulated by the law was revealed. To solve it, explanations are needed from the Plenum of the RF Armed Forces and a response to each case of violation of the rights of the accused by higher authorities. Thirdly, the authors substantiate the provision that the imposition of a complex of prohibitions on the accused that significantly limit the constitutional rights to liberty and security of person is permissible only in criminal prosecution for those crimes that provide for the possibility of imposing imprisonment as a form of punishment.

preventive measure, prohibition of certain actions, problem, practice, accused