COMPILATION AND CONSIDERATION OF REQUESTS FOR THE APPLICATION OF MEASURES TO ENSURING THE PARTICIPATION OF PERSONS DURING CRIMINAL PROCEEDINGS

Abstract

The article examines the procedural procedure for drafting and considering requests for the application of measures to ensure the participation of persons in criminal proceedings. The features of the legal regulation of these issues, which are provided for by the current criminal procedural legislation, are disclosed, and the practical aspects of their implementation in judicial activity are highlighted.

The legislative requirements for the form and content of the request are analyzed, in particular, the mandatory details that must be contained in the document for its proper execution are determined. The legal grounds for submitting such requests are investigated, including the need to substantiate the presence of risks of evasion from participation in the process or obstruction of criminal proceedings. Issues related to proving the relevant grounds and assessing their sufficiency are separately considered.

The article also analyzes the procedure for judicial consideration of petitions for the application of measures to ensure the participation of persons in criminal proceedings, including the terms of their consideration, procedural features of decision-making and possible objections from the parties. The problems that arise in practice during the preparation and consideration of such petitions are separately considered, as well as possible ways to improve legal regulation to increase the efficiency of law enforcement activities in this area. The key aspects related to the justification of the need to apply specific measures, as well as the assessment of evidence confirming the presence of relevant risks, are considered. The problems of law enforcement associated with the consideration of petitions are identified, in particular, regarding compliance with the principle of proportionality and ensuring effective judicial control over their use.

Directions for improving the current legislation and judicial practice are proposed to increase the level of legal protection of participants in the process. The study is based on the analysis of national legislation, judicial practice and scientific doctrinal approaches to the application of measures to ensure the participation of persons in criminal proceedings.