The use of house arrest as a restraint in the russian criminal proceeding

House arrest is regarded as a tool of humanization of modern criminal policy and criminal proceeding. The problem of using house arrest as a restraint to some privileged participants of criminal proceeding is studied. Some controversial issues of the process of choosing and using house arrest as a restraint are analyzed. It is proposed to introduce the requirement for the obligatory agreement from other people living in the same housing with the accused to use this measure. The victim’s opinion should be taken into account when making the court’s decision on choosing this restraint. It is proposed to legalize the possibility of withdrawing the accused’s international passport as an additional measure of changing his (her) legal status. The problems of possible correction of house arrest regime after its choosing as a restraint are investigated. The distinction between the cases requiring the court’s decision to change the house arrest regime and cases of changing this regime without court’s decision is drawn. The law enforcement agencies’ response to violation of the restriction by the accused recorded by means of the technical control devices is analyzed. Some changes in legislation regarding choosing other restraint instead of house arrest are proposed. Some proposals of changing the restraint principles applying to the criminal process, notably simultaneous use of house arrest and bail applied to one accused, are made. The authors’ conclusions are supported by the examples from the law enforcement practice and data of public opinion polls (among the subjects of criminal proceeding).