PROCEDURAL FEATURES OF APPLICATION OF HOUSE ARREST IN CRIMINAL PROCEEDINGS

Abstract

The article defines the essence of the concept of house arrest, substantiates its content in the system of preventive measures of criminal proceedings. Theoretical issues concerning the use of house arrest at different stages of criminal proceedings are considered. Peculiarities of application of this precautionary measure are analyzed. It is considered that in the current Criminal Procedure Code of Ukraine one of the novelties is the introduction of house arrest in the list of precautionary measures. It is noted that this measure after its introduction has become quite common in practice. It is determined that house arrest as a precautionary measure consists of certain restrictions on movement, prohibition of communication and other measures applied by the court or other subjects of criminal proceedings in order to prevent the continuation of criminal activity and the possibility of absconding from the investigation and court. The importance of the use of precautionary measures in the practice of pre-trial investigation and judicial proceedings as a type of criminal procedural coercion of a preventive nature related to the temporary restriction or deprivation of the right of a suspect, accused, sentenced to liberty and personal integrity has been argued. The article also proves that the introduction of house arrest is progressive for Ukrainian legislation and will increase the level of democracy in society, as well as allow a suspect or accused person under house arrest to remain in society.