Vilkova T.Yu. Implementation of safety measures as a guarantee of the principle of protection of rights and liberties of human and citizen in the criminal procedure

Abstract: This article analyzes the procedural and non-procedural safety measures implemented in legal cases in order to protect life, health and/or property of the parties involved in criminal procedure and other individuals. A conclusion is made on development of the institution of safety measures: new safety measures are being introduced (exclusion of personal information of the victim from the text of court decisions when they are published online; differentiated prohibition on distribution in mass media of details on victims that are minors, including the nature of their injuries, etc.); the requirements for decisions on safety measures are being increased (filing a report with participation of a victim, their representative or a witness without including their personally-identifying information, since January 10, 2014 requires confirmation from the head of the investigative department). Analysis is conducted on the current legislation, explanation of the Plenum of the Supreme Court of the Russian Federation, and law enforcement practice. The author substantiates a conclusion on the unacceptability of safety measures that are not conducted in accordance with the law (trial in a different region of the Russian Federation, separating the convicts from each other within the court room, etc.), as this can lead to the violation of the right and liberties of both, the defendants, and other participants of criminal proceedings.

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