Application of Preventive Measures in Criminal Proceedings

• Friday, 21 December 2012
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The Coalition for an Independent and Transparent Judiciary conducted a study on problems in the legal regulation and the application of preventive measures. Along with the analysis of national and international legislation.

This paper provides an overview of shortcomings revealed as the result of studying the practice. Given that the aim of the study was to draw up such a document that would contribute to the improvement of existing situation, the study also contains key recommendations.

The research of the national legislation and its comparison with the international standards have shown that the legislative framework largely conforms with human rights requirements and does not require essential revision with regard to fundamental issues, save few exceptions. However, the situation with practical application of preventive measures is absolutely opposite. In this regard, the study has shown that the conformity of the legislation with human rights standards is a mere formality because it is not implemented in practice and consequently, has virtually no effect on the protection of rights of a person.

The study has revealed that poor substantiation, banality and non-uniform approaches in the application of preventive measures jeopardize the use of preventive mechanism in a lawful and fair manner.

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• Application of Preventive Measures in Criminal Proceedings