The Essence and Procedural Form of Judicial Proceedings for the Selection of Preventive Measures

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Abstract

The article delves into the fundamental nature and procedural aspects of legal proceedings regarding the selection of preventive measures in judicial processes. It dissects the fundamental principles and protocols dictating how judges arrive at decisions concerning the imposition of preventive measures. Various facets of this process are explored, encompassing subjective composition, the rights and responsibilities of involved parties, the conduct of hearings, and the ultimate decision-making by the court. Additionally, the authors deliberate on potential adjustments and enhancements within this domain, aiming to bolster the efficacy and impartiality of judicial proceedings related to preventive measures.

This research paper aims to scrutinize the fundamental nature and procedural framework of judicial proceedings concerning the selection of preventive measures in criminal cases. It scrutinizes the procedural intricacies, deliberates on the core principles and objectives guiding this process, and evaluates its efficacy.

Throughout the study, an examination of pertinent laws, regulations, and judicial precedents governing the selection of preventive measures was conducted. Furthermore, an analysis of cases from judicial practice was undertaken to discern prevalent trends and distinctive aspects of this procedural realm.

The study's findings lead to the inference that both the fundamental essence and procedural structure of judicial proceedings pertaining to the selection of preventive measures hold significance in upholding legality and justice in criminal proceedings. On the basis of the studied signs of judicial proceedings on the election of preventive measures, this category is undoubtedly recognized as an independent type of criminal procedural proceedings, which arises and proceeds within the framework of the main pre-trial proceedings. Only the proper application of this procedure guarantees the protection of the rights of both accused (suspects) and victims, while ensuring the security of society and the State. Nonetheless, there exist certain issues and deficiencies necessitating further exploration and legislative refinement within this sphere.

About the authors

Alexey P. Popov

Pyatigorsk State University

Author for correspondence.
Email: P.aleksey777@mail.ru
ORCID iD: 0000-0001-5930-0364
SPIN-code: 6520-8131
Scopus Author ID: 752825

Dr.Sci.(Law), Associate Professor, Professor of the Department of Criminal Law Disciplines and Forensic Expertise

Russian Federation, Pyatigorsk

Roman Yu. Pitko

Pyatigorsk State University

Email: pitko99@list.ru
SPIN-code: 5251-4413
Scopus Author ID: 1224830

postgraduate student of the Department of Criminal Law Disciplines and Forensic Expertise

Russian Federation, Pyatigorsk

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