Prohibition of certain actions as a new security measure for a person in criminal trial

The subject of this research is the prohibition of certain actions provided for by the Code of Criminal Procedure of the Russian Federation as an independent measure of restraint. Objects of the research were defined as the prohibition of certain actions as an instrument for ensuring safety of participants in criminal legal proceedings. Using a comparative legal method, the authors analyzed certain restraints of several actions provided for by the Code of Criminal Procedure of the Russian Federation and of certain foreign countries. By means of general scientific methods (analysis, synthesis, generalization, comparison), the authors analyzed types of the prohibition of certain actions of the suspect (defendant): the prohibition imposed on the participants of a trial to communicate for ensuring their safety, the prohibition to stay in certain places and closer than at an established distance to certain objects, the prohibition to attend certain events and to participate in them. Following conclusions are formulated. It is established that the specified prohibitions are applied to ensure the balance of the efficiency of criminal legal proceedings, protection of the rights and legitimate interests of participants in a criminal trial, on the one hand, and, on the other hand, to ensure the rights and freedoms of the suspect and the defendant. Control over the observance by the suspect or defendant of certain prohibitions is an important component of the application of the specified restraint measure, and it can be followed by the use of technical means of observation. The authors state that the prohibition to communicate with the participants of the trial has to be objectively realized, the defendant must have objective conditions to observe a prohibition. It is proved that in each case of violation of conditions of the prohibition of certain actions it is necessary to investigate concrete circumstances from the point of view of an objective possibility of their observance. Taking into account the legal regulation of prohibition of certain actions in foreign countries, the authors propose to add the content of the prohibition against communication with certain persons with the prohibition to approach them at a certain distance ensuring their safety. It is proposed to provide for the prohibition against communication not only with participants of the trial, but also with other persons depending on them. It is noted that the prohibition against communication with certain persons can be established in relation to communication with protected persons the defendant knows. Meanwhile, these restrictions are applied only in relation to the defendant but cannot serve as an effective counteraction to threats from his accomplices or other persons having interest in his release. In this regard, it is possible to conclude that provisions of new Article 105.1 of the Criminal Procedure Code of the Russian Federation have to be considered and applied for the purpose of increasing their efficiency, in a complex with other available means of ensuring safety of those participating in criminal legal proceedings.

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