THE PROBLEMS OF APPLICATION OF A PERSONAL SURETYSHIP IN THE CRIMINAL PROCEDURE OF RUSSIA

  • Aleksey Valerievich Zakomoldin
Keywords: preventive measures; personal suretyship; suspected offender (defendant)

Abstract

This research paper covers the contemporary problems of application of a personal suretyship as a preventive measure in criminal procedure. Taking into account the preventive measures system embodied in the criminal procedure legislation, it is necessary to ensure legal, organizational and other frameworks to apply each of the existing preventive measures according to the specific situation with regard to a case. The author formulated the notion of a personal suretyship as a preventive measure and expressed the opinions about the explanation of a regulatory benchmark to which a person involved in the criminal proceedings as a guarantor should conform. The author notes the imperfection of the requirements applicable to a guarantor and embodied in the Criminal Procedure Code of the Russian Federation, among which there is no a requirement for arriving a certain age and ability to act. Based on the analysis of the existing points of view regarding the explanation of the provisions of the Criminal Procedure Code of the RF regulating the application of a personal suretyship, the practical recommendations addressed to an executor of law are formulated. In particular, the author offers the approximate (preliminary) criteria that should be considered by a person in charge authorized to apply this preventive measure in order to form the internal conviction that a claimant for the role of a guarantor with regard to a certain criminal case will be able to make moral and psychological impact on a suspected offender (defendant) and wants to ensure his/her good behavior during the proceedings.

The author expresses an offer to make amendments to the current edition of part 1 of the article 103 of the RF Criminal Procedure Code in order to expand the practice of application of a personal suretyship as a preventive measure during the criminal proceedings.

Published
2019-06-11
Section
Статьи