REASONABLENESS OF DECISIONS ON THE IMPOSITION OF PREVENTIVE MEASURES AS A GUARANTEEOF EXCLUSIVITY OF RESTRICTIONS ON THE CONSTITUTIONAL RIGHTS OF THE INDIVIDUAL
Background: the achievement by criminal proceedings of their purpose is provided by a system of agreed procedural means, which include a set of measures of procedural coercion. Effective criminal procedural activity, due to its specificity, is impossible without restrictions on the constitutional rights of a wide range of participants involved in it. The most serious legal restrictions are those measures of restraint allowed to those persons whose involvement in the commission of crimes is only verified by criminal prosecution bodies and not always confirmed by a court verdict of conviction. Thus, preventive measures are applied to suspects and defendants whose innocence is not simply temporarily disproved at the stage of preliminary investigation, their innocence, on the contrary, can be proven in the course of further investigation, inquiries or court proceedings. In addition, coercion in criminal proceedings is not used for the purpose of punishment, it has other tasks: ensuring the smooth conduct of criminal proceedings, suppression of offences committed and prevention of offences under preparation. Objective: on the basis of the analysis of scientific literature, criminal procedural legislation, theoretical and legal positions of the Constitutional Court of the Russian Federation, explanations of the Plenum of the Supreme Court of the Russian Federation and relevant judicial practice to identify problems of legal regulation of decisions on the election of preventive measures and to form a scientific idea of the validity of these procedural acts as a guarantee of exclusivity of restrictions on the constitutional rights of individuals. Methodology: scientific methods used in the research are: general scientific - dialectical, logical, systemic, structural and functional; special scientific - comparative legal, formal and legal, legal modeling, statistical. Results: the conducted research allowed to form a theoretical understanding, which creates the basis for the improvement of criminal procedural legislation and relevant law enforcement practice in terms of the validity of the election of preventive measures. Conclusions: the authors of the article formed a scientific understanding of the category of validity of decisions on the election of preventive measures as a guarantee of exclusivity of restrictions on the constitutional rights of an individual; revealed the imperfection of the legal regulation of decisions on the election of preventive measures; argued the need to amend certain norms of theCPC RF and additional clarification of the acts of official interpretation of a number of issues that cause difficulties for law enforcers.