THE PROCEDURAL STATUS OF THE PARTICIPANTS IN CRIMINAL PROCEEDINGS AS A FACTOR DETERMINING THE CONTENT AND COMPOSITION OF THE PREVENTIVE MEASURES SYSTEM
The attempts of the Russian legislator to improve the system of preventive measures by introducing certain modifications to the criminal procedure code of the Russian Federation turned out to be ineffective. To solve this problem, the authors proposed the hypothesis that criminal procedural coercion should be considered as a system whose integrity and balance are determined by the internal and external factors. As one of the factors determining the content, structure, composition, and scope of the preventive measures institution, the authors considered the procedural statuses of officials and accused persons, suspects involved in legal relations on the application of preventive measures. According to the results of the study, based on the systematic approach and dialectical methodology, the authors formulated and justified proposals aimed at creating an optimal system of preventive measures, primarily by improving the procedural status of participants in criminal proceedings. In particular, they proposed: 1) to consider the application of preventive measures the responsibility of an official who performs procedural activities at the appropriate stage of the proceedings; 2) at the legislative level, to clarify the content of the control function of the court when applying preventive measures in pre-trial proceedings; 3) to add articles 46 and 47 of the Criminal procedure code of the Russian Federation with the provisions containing the full list of procedural duties of the suspect and the accused; 4) to differentiate the grounds for different types of preventive measures; 5) to establish the obligatoriness of obtaining the consent of the accused or suspect to apply preventive measures that are not related to detention; 6) to change the structure of the preventive measures institution, highlighting the main (subscription of appropriate behavior and detention) and alternative or additional (other types) of preventive measures.