Actual Problems of Ensuring the Effectiveness of Measures of Criminal Procedural Coercion

Within the framework of this work, an attempt was made to analyze and systematize individual measures of criminal procedural coercion and evaluate their effectiveness. Thus, the author pays special attention to the use of bail as a measure of coercion, house arrest, prohibition of certain actions, as well as a number of measures applied to minors.

Basic provisions: In modern legal proceedings, the most effective is the detention of a suspect, but only if he is guilty. In cases of "suspicion", justice is faced with a direct violation of constitutional human rights and the presumption of innocence. In connection with this circumstance, jurists are developing measures of coercion that would become a balance between the observance of human rights and the interests of justice. Despite the fact that in some cases the application of the prohibition of certain actions has been positively reflected, a fairly large number of researchers note the formality of the new measure, as well as the difficulty of distinguishing one type of suppression from another.

An unambiguous problem is the conditional controllability of compliance with such prohibitions, since, for example, a ban on sending and receiving mail cannot be tracked, since you can simply ask someone to send a letter, and even seizing postal and telegraph correspondence cannot always solve this problem, the reason is the fact that a registered letter is sent in the offices without presenting a passport, besides, there is also no technical possibility to track down those who do not have the right to do so.The ban on using mobile communications except for contacting emergency services is also not entirely fair, since it excludes the ability of the accused to contact his lawyer, which is a violation of the constitutional right of any citizen to qualified legal assistance.

The ban on using the Internet is also, according to the author, insufficiently regulated, since the accused (suspect) can live with family members who are not subject to such a ban, and carry out these manipulations for him.

Conclusions: Thus, we believe that it is necessary to clearly regulate places prohibited for visiting by a person to whom a ban on certain actions has been applied, to provide for a legal opportunity to communicate with a defense lawyer via cellular communication.

The use of bail as a measure of coercion also does not have an unambiguous opinion about its effectiveness, since in order for the bail to be chosen as a preventive measure, a petition must be filed with the court. It can be filed by the accused (suspected), their representatives or defense lawyers. It must set out all the facts and grounds for choosing this particular measure of restraint.

A pledge can be made by any person (natural or legal) who has the necessary funds for this. On this fact, a protocol should be drawn up.However, situations often arise when a person is not able to pay bail, or the accused is ready to do it on an especially large scale, but the court does not agree to such “deals”, since the amount of theft charged to the person exceeds the amount of the bail by several times, and the loss albeit a significant amount of money, can "save" the criminal from imprisonment. Therefore, the courts do not always decide on bail in favor of such persons, and prefer to keep them in custody.

Another measure of coercion, especially in relation to a minor, which causes active disputes, is supervision. Unfortunately, the effectiveness of this measure is difficult to assess, since juvenile offenders, as a rule, are the children of parents whose lifestyle is far from ideal, parents abuse alcohol, drugs, etc. There are situations when a parent is unable to provide supervision because he works on a rotational basis method or in shifts. Since supervision, first of all, provides for an educational impact on a minor, we objectively consider the application of this measure in such cases to be ineffective. It is also important to apply certain criteria to a sane minor, a crime, because if it is serious or especially serious, then, although a minor, but still a criminal, is subject to detention.