Prohibition of Certain Actions as a New Security Measure for a Person in Criminal Trial

Andreeva, Olga I.; Zaytsev, Oleg; Epikhin, Alexander Yu.

doi:10.17223/15617793/436/27

Cited by 2 publications

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“…166 предусматривала обязательность получения следователем согласия у прокурора на применение этой меры безопасности. В настоящее время следователь получает согласие у руководителя следственного органа 1 . Кроме того, в начальной редакции ч.…”

Section: Assigning a Pseudonym And Seizure Of Authentic Data At The S...unclassified

Assigning a Pseudonym and Seizure of Authentic Data at the Stage of the Institution of Criminal Proceedings

Мухаметшин¹

2022

RLS

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Abstract. The application of security measures is not only an effective means of ensuring that evidence is used in criminal proceedings, but also a guarantee of the protection of the rights and legitimate interests of citizens who are involved in criminal proceedings, state activities to combat crime. The Code of Criminal Procedure of the Russian Federation provides for a system of security measures, including the preservation of authentic data in secret, the assignment of a pseudonym and the obtaining of a sample signature from a protected person. This measure may be applied at the very outset of the proceedings, at stage of the institution of criminal proceedings. In practice, however, there are problems with the application of security measures in verifying the basis for the institution of criminal proceedings. Purpose: to analyze the problems of development of modern criminal procedure legislation in the field of ensuring the safety of participants in criminal proceedings at the stage of the institution of criminal proceedings. Methods: the author applies empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: legal-dogmatic and the method of interpreting legal norms. Results: the study reveals the features of the use of such a security measure as the assignment of a pseudonym and seisure of authentic data from the verification of the crime report during the institution of criminal proceedings. The author’s version of Part 9 of Art. 166 of the Code of Criminal Procedure of the Russian Federation is proposed with a view to making it more effective in investigative practice.

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Section: Assigning a Pseudonym And Seizure Of Authentic Data At The S...unclassified

Assigning a Pseudonym and Seizure of Authentic Data at the Stage of the Institution of Criminal Proceedings

Мухаметшин¹

2022

RLS

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

Stelmakh

2024

Lex Russica

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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.

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Prohibition of Certain Actions as a New Security Measure for a Person in Criminal Trial

Cited by 2 publications

References 0 publications

Assigning a Pseudonym and Seizure of Authentic Data at the Stage of the Institution of Criminal Proceedings

Assigning a Pseudonym and Seizure of Authentic Data at the Stage of the Institution of Criminal Proceedings

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

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