Personal surety in the system of preventive measures and the problems of its application
- DOI
- 10.5922/vestnikhum-2025-4-2
- Pages
- 16-27
Abstract
The article examines personal surety as a preventive measure in contemporary criminal proceedings and analyzes problems related to the effectiveness of its application. Using historical analysis, the authors trace changes in the legal regulation of this preventive measure prior to the adoption of the Judicial Statutes, after their enactment, during the Soviet period, and in the present day. The study characterizes controversial issues that arise when selecting this preventive measure and notes its extremely low demand among law enforcement practitioners. Particular attention is paid to the interpretation of the concept of a “trustworthy person” and to the criteria that, although not currently enshrined in law, may be applied to such individuals. The article also describes the amount of the fine imposed for violation of this preventive measure and points out its disproportionality. The authors propose significantly increasing the amount of the fine or linking it to the amount of damage caused by the crime. The article presents the results of a survey conducted among law enforcement officers and judges, as well as an analysis of narrative accounts collected on the issue under consideration. Based on the findings, the authors formulate recommendations aimed at increasing the effectiveness of the application of this preventive measure and expanding the number of cases in which it is selected. In particular, they propose increasing the amount of the fine for violation of the preventive measure and clarifying the concept of a “trustworthy person” at the level of subordinate regulatory acts of law enforcement bodies or in the explanations of the Plenum of the Supreme Court of the Russian Federation.