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The legal regulation of the use of preventive measures subject to court approval is one of the most sensitive mechanisms in the criminal process, directly affecting the fundamental constitutional rights of the individual. The establishment of a balance between the tasks of criminal proceedings and the observance of the principles of legality, justice and the presumption of innocence requires special precision from the legislator and law enforcement officer. The article considers the theoretical, legal and practical aspects of the application of preventive measures, the implementation of which, in accordance with the criminal procedure legislation of the Russian Federation, requires a mandatory court decision. Attention is focused on the legal specifics of such measures as detention, house arrest and prohibition of certain actions, and their special importance in the system of preventive measures is emphasized due to their direct impact on the constitutional rights and freedoms of the individual. The analysis of the current regulations governing the procedure for the election of these measures has been carried out, as well as the current approaches formed in judicial practice have been studied. Special attention is paid to problematic aspects that arise during the implementation of judicial control: inconsistencies between the provisions of the law and practical realities, lack of uniformity in the application of criteria for the need to apply preventive measures, as well as insufficient argumentation of court decisions in some cases.
preventive measures, judicial control, arrest, house arrest, prohibition of certain actions, Art. 108, 109, 97 of the Code of Criminal Procedure, presumption of innocence, Constitutional Court of the Russian Federation, judicial practice
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