Some issues of the application of preventive measures in the form of house arrest and detention in criminal proceedings

Abstract

Taking into account the current international and national legislation aimed at settling criminal procedural and penal enforcement relations between the participating entities in the pre-trial process, special attention is paid to the process of preventing violations of the constitutional rights and freedoms of persons under house arrest or detention. In this regard, a comprehensive analysis is being carried out of the procedure for choosing preventive measures in the form of house arrest and detention by the criminal prosecution authorities and the investigating judge in relation to the suspect, accused or defendant. Analyzing statistical indicators on the se- lection of preventive measures, in particular house arrest and detention, there is a need to apply an alternative measure of restraint to detention, which is explained by a number of reasons and conditions. As a result, this will allow us to reduce the workload in the penitentiary system, save budget funds allocated for the mainte- nance of a suspect, accused or defendant in a pre-trial detention center, and solve some issues related to social adaptation in the future. In this direction, there is an analysis of the current national legislation at the level of the provisions of the Criminal Procedure Code and the Law of the Republic of Kazakhstan “On the procedure and conditions for the maintenance of special premises in special institutions providing temporary isolation of persons from society”. Based on the generalization and comprehensive analysis of existing regulatory sources, educational, methodological and scientific literature, statistical and legal approaches, the content of the article reflects the position of the authors regarding the improvement of criminal procedural mechanisms for the application of preventive measures in the form of house arrest and detention. These proposals are re- lated, according to the authors, to the development of clear procedural mechanisms for the development of a preventive measure in the form of house arrest in pre-trial proceedings in Kazakhstan.