Judicial Control in the Selection of a Preventive Measure in the Form of Detention in Respect of a Suspect and an Accused

Relevance of the research topic . The opinions of scientists regarding the content, goals and nature, as well as the form of judicial control differ significantly. The legislator also did not decide on the preference of a unified (formalized) or individual approach in its implementation, especially when it comes to monitoring the legality of detention and extending its terms. Judicial practice indicates the ambiguity of decisions taken by the courts when checking complaints about detention. The purpose and objectives of scientific research is to analyze the criminal law essence, determine the features and significance of judicial control of detention, and identify prospects for the development of legal regulation of detention. Description of the scientific and practical significance of the work . The reasons for judicial errors are stated and recommendations are proposed aimed at increasing the effectiveness of this control. Materials and methods . The materials of the published judicial practice, the legal press, which contains the opinions of scientists on the problems of checking the legality and validity of detention by the court, were used. The methodological potential made it possible to compare various theoretical views on the topic of judicial control of detention verification, as well as general legal methods of comparative and systemic analysis, synthesis, generalization, induction and deduction. Value of the study conducted . Judicial control should be built both on the basis of constitutional prescriptions and international standards in the field of the legal status of the accused (suspect), which predetermines the indication in the Code of Criminal Procedure of the Russian Federation on specific, factual, substantiated and confirmed by the materials of the criminal case circumstances, on the basis of which the judge decides on detention.