Grounds for choosing a preventive measure in the form of detention and their proof

the problem of the correct choice of preventive measures by the courts in modern criminal proceedings is very relevant. At the same time, the problems associated with the choice of such a preventive measure as detention, which is the strictest of all provided for by the norms of criminal procedure legislation, become particularly important. Despite the fact that the current legislation contains an exhaustive list of general and special grounds for choosing detention as a preventive measure, the process of proving such necessity takes place formally. As law enforcement practice shows, the authorities of the preliminary investigation base their choice of a preventive measure in the form of detention on unsubstantiated assumptions regarding the possibility of the persecuted person committing one of the actions listed in Article 97 of the Code of Criminal Procedure, and therefore the courts choose this measure in the absence of the necessary grounds. The existing trends undermine the positive attitude of society towards the Russian justice system, the impartiality of which, as well as the right to freedom, is guaranteed by constitutionally declared principles. Hence, the only solution to the problem may be to ensure the adversarial nature of the parties in the judicial process on petitions for the election of preventive measures, since the adversarial nature of the parties to ensure an objective examination of all the circumstances of the committed unlawful act, taking into account the identity of the person accused (suspected) of its commission, must be carried out when assessing all the grounds necessary to make a decision on the election of the strictest all preventive measures provided for by legislative norms, including taking into account the gravity of the committed act. This approach will not only ensure transparency of the decision-making process on the part of the court, but also ensure respect for constitutionally declared human and civil rights, taking into account the balance of public (state) interests and private (individual) interests in criminal proceedings.

criminal proceedings, election of preventive measures, detention, severity of the committed act, accused, suspect, formal approach