{"title":"国外刑事诉讼法对软禁作为预防措施的法律规定","authors":"D. Abdullayev","doi":"10.51788/tsul.rols.2022.6.3./gtrf3787","DOIUrl":null,"url":null,"abstract":"One of the priorities is the liberalization and improvement of criminal procedural legislation in the process of implementing judicial and legal reforms in our country. House arrest is seen by most legal scholars as a means of humanizing modern criminal politics and criminal justice. According to our national legislation, house arrest is a new legal institution concerning other precautions. Therefore, in order to find a rational solution to some problematic cases arising in the practice of applying the law, it is desirable to use scientific-theoretical in-depth study and positive experience of the views of foreign countries with extensive experience in the implementation of this precautionary measure. In this article, the author examines the legal regulation of the measure of house arrest on the basis of the norms of criminal procedural legislation of the Commonwealth of Independent States, the USA, and some European countries, in particular, the basis and conditions for the application of this measure, the types of restrictions imposed on a person by comparative analysis. Also, the scientific and legal aspects of issues related to the procedure for applying for house arrest are expressed through the views of foreign experts and legal scholars, and the essence is revealed, and in the summary section of the article, conclusions and suggestions on improving the national legislation on the home arrest precaution and the practice of its application are presented.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"LEGAL REGULATION OF HOUSE ARREST AS A PRECAUTIONARY MEASURE IN FOREIGN CRIMINAL PROCEDURAL LAWS\",\"authors\":\"D. Abdullayev\",\"doi\":\"10.51788/tsul.rols.2022.6.3./gtrf3787\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"One of the priorities is the liberalization and improvement of criminal procedural legislation in the process of implementing judicial and legal reforms in our country. House arrest is seen by most legal scholars as a means of humanizing modern criminal politics and criminal justice. According to our national legislation, house arrest is a new legal institution concerning other precautions. Therefore, in order to find a rational solution to some problematic cases arising in the practice of applying the law, it is desirable to use scientific-theoretical in-depth study and positive experience of the views of foreign countries with extensive experience in the implementation of this precautionary measure. In this article, the author examines the legal regulation of the measure of house arrest on the basis of the norms of criminal procedural legislation of the Commonwealth of Independent States, the USA, and some European countries, in particular, the basis and conditions for the application of this measure, the types of restrictions imposed on a person by comparative analysis. Also, the scientific and legal aspects of issues related to the procedure for applying for house arrest are expressed through the views of foreign experts and legal scholars, and the essence is revealed, and in the summary section of the article, conclusions and suggestions on improving the national legislation on the home arrest precaution and the practice of its application are presented.\",\"PeriodicalId\":102464,\"journal\":{\"name\":\"Review of Law Sciences\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-10-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Review of Law Sciences\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.51788/tsul.rols.2022.6.3./gtrf3787\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Review of Law Sciences","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.51788/tsul.rols.2022.6.3./gtrf3787","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
LEGAL REGULATION OF HOUSE ARREST AS A PRECAUTIONARY MEASURE IN FOREIGN CRIMINAL PROCEDURAL LAWS
One of the priorities is the liberalization and improvement of criminal procedural legislation in the process of implementing judicial and legal reforms in our country. House arrest is seen by most legal scholars as a means of humanizing modern criminal politics and criminal justice. According to our national legislation, house arrest is a new legal institution concerning other precautions. Therefore, in order to find a rational solution to some problematic cases arising in the practice of applying the law, it is desirable to use scientific-theoretical in-depth study and positive experience of the views of foreign countries with extensive experience in the implementation of this precautionary measure. In this article, the author examines the legal regulation of the measure of house arrest on the basis of the norms of criminal procedural legislation of the Commonwealth of Independent States, the USA, and some European countries, in particular, the basis and conditions for the application of this measure, the types of restrictions imposed on a person by comparative analysis. Also, the scientific and legal aspects of issues related to the procedure for applying for house arrest are expressed through the views of foreign experts and legal scholars, and the essence is revealed, and in the summary section of the article, conclusions and suggestions on improving the national legislation on the home arrest precaution and the practice of its application are presented.