INTERNATIONAL LEGAL STANDARDS REGARDING THE SELECTION OF PREVENTIVE MEASURES IN CRIMINAL PROCEEDINGS

Abstract

The author examines the legality standards of the application of preventive punishment
in the form of commitment, formed under the influence of the European Court of Human
Rights. International legal standards have been assimilated by the domestic judicial practice
and have become the basis for the formation of relevant legal standards, mainly due to the
decisions of the Constitutional Court of the Russian Federation. The possibility of derogations
from the European standards of the national legal system of guarantees of the rights of
the person and of the citizen under the control of the Constitutional Court is discussed.