Foreign experience in the application of precautions

Abstract

The article considers the legal model of application of precautionary measures under the legislation of some foreign states belonging to the Romano-Germanic and Anglo-Saxon legal families. Particular attention is paid to detention and detention as the most severe precautionary measure involving a substantial restriction of the constitutional right to liberty and inviolability of person.

Comparative legal analysis of the procedural constructions of a system of precautionary measures in democratic countries leads to the conclusion that the Central part is procedural safeguards. We believe that Europe has accumulated considerable experienceon the application of precautionary measures and guaranteeing the interests of justice and the interests of the person.

Very useful can be the experience of England's differentiation of the terms within the short-term of police arrest (the main period of 24 hours, police continued to 36 hours, the trial continued up to 96 hours) and by judicial order for arrest is issued for a maximum eight days, with the possibility of repetition within the maximum period of detention.

Taking into account the requirements of international documents about the exclusivity of custody, we believe the positive practice of the United States of America regarding the application of a wide range of alternative detention preventive measures.

Deserves comprehensive borrowing experience Federal Republic of Germany – the criminal procedure law provides extensive guarantees of legality and validity of arrest.

It should be noted that the increase of efficiency of functioning of Institute officials responsible for stay of detainees must be making a number of changes in criminal procedure legislation and departmental normative legal acts, regulating the procedure of detention of persons on suspicion of committing a crime, and organizational changes aimed at providing of the work of these entities, eliminate duplication and crossing their features with other officials to ensure the rights and freedoms of the detainees.