LIMITING THE CONSTITUTIONAL RIGHTS OF THE SUSPECT AND THE ACCUSED IN THE ELECTION OF A MEASURE OF RESTRAINT - BANNING CERTAIN ACTIONS
Authors:   Kuban State University, RUDAKOVA SVETLANA 
Published: August 2021

The goal: purpose of research - revealing of laws of formation and manifestation in criminal proceedings way of limiting the constitutional rights of suspects and accused, and measures for their welfare, as well as attracting the attention of the scientific community to the problem of the use of relatively new measures of restraint envisaged in article 105.1 of the RF criminal code - prohibition of certain activities, explore the grounds and procedure for its election, analysis imposed prohibitions, the legality of restrictions of the constitutional rights of suspects and accused persons, acceptance of measures on optimization of legislative rules of application of the analyzed measures of restraint. He main tasks are to study, using modern scientific methods and technologies, the impact of restrictive measures on the constitutional status of a person who is being prosecuted in pre-trial proceedings, to determine the direct and indirect legal and other consequences of restricting rights, and to develop recommendations for optimizing the existing mechanism for applying a preventive measure in the form of a ban on certain actions. The tasks set by the author are aimed at substantiating the provisions that indicate the possibility and necessity of applying new approaches to the practice of applying a preventive measure in the form of a ban on certain actions, and on this basis, developing and formulating proposals to clarify certain provisions of the criminal procedure law. Methodology: in the course of the research, various General and private scientific research methods were used: induction, deduction, generalization, abstraction, forecasting, modeling, functional and structural analysis, systematic, logical, comparison, formalization, etc. Conclusions: as a result of the study, the following conclusions were formulated. 1. A suspect or accused person may not be restricted in the constitutional right to communicate with a defense lawyer when choosing a preventive measure in the form of a ban on certain actions. To exercise this right, part 8 of article 105.1 of the criminal procedure code of the Russian Federation is proposed to state in the following wording: "a Suspect or accused person may not be restricted in the right to use telephone communication to call an ambulance, law enforcement officers, emergency services in the event of an emergency, as well as to communicate with the investigator, inquirer, defense lawyer (here and further italics The suspect or accused shall inform the Supervisory authority of each such call in the event of a ban related to the use of means of communication". 2. Research and resolution of problematic issues of applying a preventive measure-prohibiting certain actions will contribute to a more detailed, informal approach of judges to making the appropriate decision, taking into account the specific factual circumstances established in the criminal case, the characteristics of the suspect or accused and in accordance with the requirements of the law, recommendations and explanations of the Plenum of the Supreme Court of the Russian Federation in order to achieve the purpose of criminal proceedings to protect the rights and legitimate interests of persons involved in the orbit of criminal proceedings. 3. When bans are imposed in accordance with article 105.1 of the criminal procedure code of the Russian Federation on certain actions of a suspect or accused, there may be a need to cancel (change) as a preventive measure in General, and imposed prohibitions. In cases where there is a need to change the set of prohibitions imposed, it is not clear whether it is possible to use the mechanism of changing the measure of restraint, which indicates the relevance of this issue for the modern science of criminal proceedings that need to be resolved. There are two ways to change the set of restrictions imposed. First, as a specific procedure in the system of the current review mechanism, which provides for partial appeal of court decisions. Secondly, it is possible to borrow the procedure for making an additional court decision that has been tested and well-established in civil proceedings. 4. It is of scientific interest to appeal against a preventive measure in the form of a ban on certain actions if there is a need to ensure the rights and legitimate interests both in the case of cancellation (change) of the preventive measure in qeneral, and in part of the imposed prohibitions. Possibility of subsequent use. The results obtained can be useful for continuing scientific research in terms of ensuring the constitutional rights of a suspect or accused when choosing a preventive measure in the form of a ban on certain actions, as well as for characterizing the current state of criminal procedure theory and law enforcement practice in the relevant part. These results became the basis for the formation of proposals necessary for optimizing the legislation of the Russian Federation, judicial and investigative practice, as well as used in teaching relevant training courses in the direction of "Jurisprudence" (bachelor's, master's, postgraduate), specialty Legal support of national security. The practical significance of the results is to deepen and concretize modern scientific knowledge in the field of restrictions on the constitutional rights of the suspect, the accused, their protection and subsequent restoration, election and monitoring of compliance with the suspect or accused preventive measures in the form of a ban on certain actions, which allow solving interrelated problems of legislative, investigative and judicial activities. The social significance of the results of the study is due to the possibility of a significant increase in the level of security of constitutional rights and legitimate interests of participants in criminal proceedings. The value of the research and the results obtained is due to the author's contribution to the development of fundamental knowledge about constitutional rights and ways to protect them in criminal proceedings, as well as the solution of a number of applied problems related to the election of one of the new preventive measures and ensuring the constitutional rights of the individual. Based on the conducted research, new knowledge was obtained about the regularities of the impact of law-limiting criminal procedural measures in the form of applying a preventive measure prohibiting certain actions on the constitutional and legal status of an individual and the optimal means of its procedural support. The work is intended for researchers and practitioners, law students, postgraduates, and applicants.