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Abstract

The authors analyze the selection of preventive measures in the form of house arrest in Russian criminal procedures on the basis of universal and European standards of guaranteeing respect for individual rights. The article states that the application of preventive measures significantly restricts the right to protect the dignity of the individual, the right to freedom and personal inviolability, the right to free movement, choose the place of residence. The authors argue for the alternative method of applying the house arrest. as a form of prevention This preventive measure, unlike detention does not provide for the isolation of a person from the usual conditions of daily existence and to a greater extent guarantees the rights of citizens before the court decision.

References

REFERENCES

[1] The Constitution of the Russian Federation of December 12, 1993: Amendments to the Constitution of the Russian Federation of 30.12.2008, № 6-FCL; 30.12.2008, № 7-FCL; 05.02.2014, 2-FCL, 21.07.2014 11-FCL; 2008, 2014, 31. Art. 4398.

[2] The Code of Criminal Procedure of the Russian Federation adopted by the State Duma of the Federal Assembly of November 22, 2001 № 174-FZ (amended by the Federal law of the Russian Federation of July, 06 2016, № 375-FZ: The Rossiyskay Gazeta, of December 22, 2001.

[3] Report on the work of the courts of general jurisdiction to hear criminal cases for 12 months (2015). Retrieved from http://www.vsrf.ru.

[4] Main statistical indicators of the courts of general jurisdiction for the first half of 2016. (2016). Retrieved from http://www.vsrf.ru.

[5] Reference on the results of practice of courts of Perm Krai preventive measures as detention, house arrest and bail, including those against minors for 2013 (2013). Retrieved from http://oblsud.perm.sudrf.ru.

[6] Reference on the results of the courts of the Perm Krai security measures as detention, house arrest and bail, including minors (2015). Retrieved from http://oblsud.perm.sudrf.ru.

[7] Reference on Results of practice of the courts of the Perm Krai as security measures as detention, house arrest and bail, including minors (2013). Retrieved from http://oblsud.perm.sudrf.ru.

[8] Reference on the results of the practice of the courts of the Perm region security measures as detention, house arrest and bail, including minors, for 2015. (2015). Retrieved from http:// oblsud.perm.sudrf.ru.

[9] Reference on the results of practice of the courts of the Perm region security measures as detention, house arrest and bail, including minors (2015). Retrieved from http://oblsud.perm.sudrf.ru.

[10] Reference on the results of practice of the courts of the Perm region security measures as detention, house arrest and bail, including minors, for year 2015 . Retrieved from http://oblsud.perm.sudrf.ru.

[11] Convention on protection of human rights and fundamental freedoms of November 04. 1950), ammendments of May 13, 2004; Protocol № 1, signed in Paris 20.03.1952, Protocol № 4, securing certain rights and freedoms other than those already included in the Convention and the first Protocol to it (signed in Strasbourg, 16.09.1963), Protocol № 7 (signed in Strasbourg, 22.11.1984) // Z RF. 2001. № 2. Article 163.

[12] The ruling of the ECHR in the case of Evgeny Gusev (Yevgeniy Gusev) v. Russian Federation (complaint № 28020/05 of December 15, 2013)/Russian Chronicle of the European Court of Justice. 2014. № 4.

[13] Zjablina, M.V. (2016). Modern problems of ensuring the right of suspects and accused persons to liberty and security of person. Russian justice. № 6. P. 33.

[14] Statistics for the judicial division of the Supreme Court of Russian Federation. Retrieved from http://www.cdep.ru.

[15] Report on the work of the courts of general jurisdiction to hear criminal cases for 12 months 2015 Retrieved from http://www.vsrf.ru.

[16] Main statistical indicators of the courts of general jurisdiction for the the first half of the year 2016. Retrieved from http:// www.vsrf.ru.

[17] Reference on the results court practice of Perm Krai on preventive measures as detention, house arrest and bail, including against minors for 2013. Retrieved from http://oblsud.perm.sudrf.ru.

[18] Perm region security measures as detention, house arrest and bail, including minors, for year 2015. Retrieved from http:// oblsud.perm.sudrf.ru.

[19] Decision of the Constitutional Court of the Russian Federation "On case on inspection of constitutionality of some provisions of the Criminal procedure code of the Russian Federation regulating the order and terms of application as a preventive measure of detention on stages of criminal proceedings following the completion of the preliminary investigation and forward the case to the court in connection with complaints of some citizens" of 22.03.2005 № 4-P // Rossiyskay Gazeta. 2005. April 1.

[20] Appealate decision of the judicial Board on criminal cases of Perm Krai Court of 25.06.2013 № 22-5052. Retrieved from http://oblsud.perm.sudrf.ru.

[21] Appellate decision of the judicial Board on criminal cases of Perm Krai Court dated 24.01.2014 № 22-903. Retrieved from http://oblsud.perm.sudrf.ru (date: 14.08.2016).

[22] Tkachev, N.V. (2003). Theory and practice of application of coercive measures not involving imprisonment: Diss… Cand. legal. Sciences. Chelyabinsk South Ural State. University, P. 248.

[23] Decision of the plenum of the Supreme Court of the Russian Federation «On the courts to apply the legislation on preventive measures as detention, house arrest and bail» of December 19, 2013 № 41 (in the redaction of the plenum of the Supreme Court of the Russian Federation of May 24, 2016. №23).The Russian newspaper. 2013. 27 December.

[24] Part 1. Article 2 of the Federal law of the Russian Federation «On migration registration of foreign citizens and stateless persons in the Russian Federation» of July18, 2006 № 109- FZ (amended by the Federal law of the Russian Federation on 28.11.2015 № 358-FZ).Rossiyskaya Gazeta. 2006. July 20.

[25] Resolution of Government of RF «On medical examination of suspected or accused of committing crimes» (along with «rules of medical examination of the suspected or accused of committing crimes») on 14.12.2011 № 3 (as amended by the Decree of the Government of the Russian Federation dated04.09.2012 g. № 882) // Rossiyskaya Gazeta. 2011.11 January.

[26] Chapters 5, 26 of the Federal law of the Russian Federation «On the fundamentals of protection of the health of citizens in the Russian Federation»of 21.11.2011 g. № 323-FZ (amended by the Federal law of the Russian Federation dated 03.07.2016 g. № 286-FZ) // Rossiyskaya Gazeta. 2011. 23 November.

[27] Minimum standard of the UN rules with respect to non-custodial measures (the Tokyo Rules). Adopted by the UN General Assembly resolution of December 14, 1990 №45/110, p. 3.11). Retreived on August 14, 2016 from ATP «Consultantplus».

[28] Perm Krai Court ruling on appeal of June 12, 2013 № 22-9668. Retreived from:http:oblsud.perm.sudrf.ru/modules.php.

[29] Appellate decision of the judicial Board on criminal cases of Perm Krai Court dated January 1, 2014 № 22-903. Retrieved from http://oblsud.perm.sudrf.ru.

[30] Perm Krai Court ruling on appeal of 02.06.2014, № 22-4319. Retrieved on August 14, 2016 from http: oblsud.perm.sudrf.ru/modules.php.

[31] Resolution of Government of RF «Оn audiovisual, electronic and other technical means of control that can be used to monitor the presence of the suspect or the accused in a place of execution of preventive measures in the form of house arrest and they imposed Court bans and/or restrictions» (along with «Rules of audiovisual, electronic and other technical means of control that can be used to monitor the presence of the suspect or the accused in a place of execution of preventive measures in the form of house arrest and for compliance with them the Court imposed the prohibitions and/or restrictions») of February18, 2013 № 134 // Rossiyskaya Gazeta. 2013. 22 February.

[32] Alexandrov, A.S. (2011). House arrest: a critique of proposals to change RF MJ calendar. Art.107 of the Criminal Code. Actual problems of criminal proceedings. M.: Uniti-Dana, 227.

[33] Data from the site RosPravosudija. Retrieved on May 21, 2016 from https: // rospravosudie.com/court-permskij-rajonnyj-sud-permskij-kraj-s/act-487078669.

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