A Preventive Measure in the Form of Supervision by the Command of a Military Unit: Some Reflections on the Problems of Implementation and Legislative Regulation

Abstract

Within the framework of this article, the author raises the question of the need for further improvement of the criminal procedure and related legislation in terms of the procedure for electing and implementing a preventive measure in the form of supervision by the command of a military unit. The author, analyzing the acts specified in the Code of Criminal Procedure of the Russian Federation, discovers a false reference by the legislator to military regulations, which in fact do not contain the required norms. According to the author, the current lack of legislative regulation of the procedure for the election and implementation of the preventive measure in question does not allow us to fully talk about its actual effectiveness. The author confirms this conclusion with practical research materials: the results of questionnaires and interviews of military investigators and military prosecutors, as well as materials of judicial and investigative practice. Entering into a polemic with process scientists, the author formulates his own vision of the legislative regulation of the procedure for the election, execution and serving of the preventive measure in question