Problematic Aspects of the Use of Preventive Measures in Criminal Proceedings

It is difficult to overestimate the importance of the institution of preventive measures in the implementation of the goals and objectives of the criminal procedure legislation. Combining several functions at the same time, the application of measures of procedural influence on a person pursues goals aimed at protecting the interests of society and the state, expressed in the need to prevent, prevent and combat crime.

The absence of a legal interpretation of preventive measures causes the presence of many definitions in the doctrine. At the same time, the unanimity of opinions of scientists boils down to the fact that preventive measures are a kind of procedural measures and are associated with psychological, physical and other impact on the suspect and the accused, and in some cases, the restriction of fundamental human rights and freedoms. In this regard, the author substantiates the expediency of introducing a legal definition of a preventive measure or concretizing it in the definition of a specific measure.

The article is devoted to the consideration of the specifics of the application of preventive measures in criminal procedural legal relations. The author analyzes the purpose of the application of these measures, the functions performed by these measures, highlights the signs of preventive measures in criminal proceedings, as well as some problematic aspects of their application in the process of investigating criminal cases.