Problematic Aspects of Application of Prohibition of Certain Actions as a Preventive Measure

Abstract

The paper analyzes some problems of choosing a preventive measure in the form of a prohibition of certain actions. Thus, the author associates himself with researchers who see the main difference between the prohibition on leaving a residential building and house arrest in that house arrest does not imply leaving a residential building, while the prohibition of leaving implies the establishment of periods during which it is valid. The prohibition of approaching certain places may apply both to objects directly related to the crime, and to some objects similar to objects in respect of which illegal actions were carried out. The prohibition of communication with certain persons implies the indication of specific personal data of these persons, but in practice this is often impossible. In such situations, the prohibition is «generic» in nature, the response to violation of the prohibition is made in connection with the appeal of the relevant person to the actions of the accused (suspect). The prohibition on driving a vehicle applies exclusively to cases involving violations of transport legislation. It is proposed to legislatively expand the scope of this prohibition at the expense of the crimes that were committed using vehicles.