ARTUR GHAMBARYAN

Head of the Department of Legal Theory and Constitutional Law at the Russian-Armenian

University, Professor of the Academy of Public Administration of the Republic of Armenia,

Doctor of Law, Professor,

Honored Lawyer of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2025.10-12-165

Annotation.

The article addresses issues related to the application of preventive measures aimed at ensuring the fulfillment of the defendant’s procedural obligations. The author provides a detailed analysis of Article 116, Part 2, Point 3 of the Criminal Procedure Code of the Republic of Armenia, which permits the application of preventive measures to ensure the defendant’s compliance with imposed obligations.

Special attention is given to defining the scope of procedural obligations whose fulfillment may be secured through preventive measures. The author emphasizes that such measures may be applied only to ensure the fulfillment of specific obligations listed in Article 43, Part 2 of the Criminal Procedure Code of the Republic of Armenia, and not all procedural obligations.

The article underscores that the basis for applying a preventive measure must be the risk of future non compliance with obligations, rather than an already committed violation. Otherwise, applying (or modifying) a preventive measure based on an existing violation would transform it into a tool of procedural liability.

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